LB 2529 

.N83 

1909 THE 

Copy 1 



PUBLIC SCHOOL LAW 



NORTH CAROLINA 

BEING A PABT OF 

CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE 
GENERAL ASSEMBLY OF 1907 AND 1909 

TOGETHER WITH 

EXPLANATORY NOTES AND DECISIONS OF 

THE STATE SUPERINTENDENT OF 

PUBLIC INSTRUCTION 



RALEIGH 

ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 

1909 



THE 



PUBLIC SCHOOL LAW 



NORTH CAROLINA 

M 

BEING A PAET OF 

CHAPTER 89, REVISAL 1905. AS AMENDED BY THE 
GENERAL ASSEMBLY OF 1907 AND 1909 



RALEIGH 

ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 

1909 



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FEB 15 1910 






TABLE OF CONTENTS. 



Education in Our Constitution. 

New School Legislation 1907. 

Public High-school Law. 
The Child-labor Law. 
Compulsory-attendance Law. 
Scientific Temperance Instruction. 

The Public School Law. 

I. Application of Chapter, Section 4029. 

The State Board of Education, Sections 4030-4035. 

Loans for Building Schoolhouses, Sections 4053-4056. 

The School System and the Course of Study, Sections 
4085-4088. 

The General Powers and Duties of the State Superin- 
tendent, Sections 4089-4092. 

School Funds Provided by the State, Sections 4093-4106. 

School Funds Provided by County and Local Taxation 
and Apportionment of same. Sections 4107-4118. 

The Powers and Duties of the County Board of Educa- 
tion, Sections 4119-4134. 

The Powers and Duties of the County Superintendent, 
Sections 4135-4144. 

The Powers and Duties of the School Committee, Sec- 
tions 4145-4151. 

The Treasurer of the School Fund, Sections 4152-4160. 

Privileges and Duties of Teachers, Sections 4161-4167. 

Rural Libraries, Sections 4172-4179. 

Separate Schools for Croatans, Sections 4168-4171. 



IL 
III. 
IV. 

V. 

VI. 
VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 



Appendix : Text-book Law. 



Index to Public School Law. 



PREFATORY NOTE. 



This compilation of the Public School Laws of North Carolina is 
issued in this form, in accordance with Section 4089 of the Revisal 
of 1905. The amendments made to the School Law by the Gen- 
eral Assembly of 1909 are printed in italics. This compilation 
also contains the legislation of 1907 relative to high schools, com- 
pulsory attendance, the employment of children in factories, and 
scientific temperance instruction, with the amendments of 1909. 
The notes, decisions, and other matter, it is hoped, will be found 
convenient and useful. A careful reading of the law by all school 
officers and teachers will prevent many mistakes and burdensome 
correspondence and delay. 

J. Y. JOYNEE, 

Superintendent of Public Instruction. 
Raleigh, April, 1909. 



EDUCATION IN OUR CONSTITUTION. 



Article IX of the Constitution of North Carolina relates to edu- 
cation. It reads as follows : 

Section 1. Religion, morality and knowledge being necessary to 
good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this Con- 
stitution, shall provide by taxation and otherwise for a general 
and uniform system of public schools, wherein tuition shall be free 
of charge to all the children of the State between the ages of six 
and twenty-one years. And the children of the white race and the 
children of the colored race shall be taught in separate public 
schools ; but there shall be no discrimination in favor of or to the 
prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a conven- 
ient number of districts, in which one or more public schools shall 
be maintained at least four months in every year ; and if the com- 
missioners of any county shall fail to comply with the aforesaid 
requirements of this section they shall be liable to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State and not other- 
wise appropriated by this State or the United States, also all 
money, stocks, bonds and other property now belonging to any 
State fund for purposes of education, also the net proceeds of all 
sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made 
to the State and not otherwise appropriated by the State or by the 
terms of the grant, gift or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinary revenue of 
the State as may be by law set apart for that purpose, shall be 
faithfully appropriated for establishing and maintaining in this 
State a system of free public schools, and for no other uses or pur- 
poses whatsoever. 

Sec. 5. All moneys, stocks, bonds and other property belonging 
to a county school fund, also the net proceeds from the sale of 
estrays, also the clear proceeds of all penalties and forfeitures and 
of all fines collected in the several counties for any breach of the 
penal or military laws of the State, and all moneys which shall 



6 Education in Constitution. 

be paid bj- persons as an equivalent for exemption from military 
duty sball belong to and remain in the several counties and shall 
be faithfully appropriated for establishing and maintaining free 
public schools in the several counties in this State: Provided, 
that the amount collected in each county shall be annually reported 
to the Superintendent of Public Instruction. 

Skc. 6. The General Assembly shall have power to provide for 
the election of trustees of the University of North Carolina, in 
vi'hom, when chosen, shall be vested all the privileges, rights, fran- 
chises and endowments thereof in anywise gi'auted to or conferred 
upon the trustees of said University ; and the General Assembly 
may make such provisions, laws and regulations from time to time 
as may be necessary and expedient for the maintenance and man- 
agement of said University. 

Sec. 7. The General Assembly shall provide that the benefits of 
the University, as far as practicable, be extended to the youth of 
the State free of expense for tuition ; also that all the property 
which has heretofore accrued to the State or shall hereafter accrue 
from escheats, unclaimed dividends or distributive shares of the 
estates of deceased persons shall be appropriated to the use of 
the University. 

Sec. 8. The Governor. Lieutenant Governor, Secretary of State, 
Treasurer, Auditor, Superintendent of Public Instruction and 
Attorney-General shall constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent 
of Public Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers 
and trusts of the president and directors of the literary fund of 
North Carolina, and shall have full power to legislate and make 
all needful rules and regulations in relation to free public schools 
and the educational fund of the State ; but all acts, rules and 
regulations of said board may be altered, amended or repealed by 
the General Assembly, and when so altered, amended or repealed 
they shall not be re-enacted by the board. 

Sec. 11. The first session of the Board of Education shall be 
held at the capital of the State within fifteen days after the 
organization of the State Government under this Ccns^-itution ; the 
time of future meetings may be detpnr.iiied by the boar 1. 

Sec 12. A majority of the board shall constitute a quorum for 
the transaction of business. 

Sec. 13. The contingent expenses of the board shall be provided 
by the General Assembly. 



Educational Qualification. 7 

Sec. 14. As soon as practicable after the adoption of this Con- 
stitution the General Assembly shall establish and maintain in 
connection with the University a department of agriculture, of 
mechanics, of mining and of normal instruction. 

Sec. 15. The General Assembly is hereby empowered to enact 
that every child of sufficient mental and physical ability shall 
attend the public schools during the period between the ages of 
six and eighteen years for a term of not less than sixteen months, 
unless educated by other means. 

From the Bill of Rights, Section 27 : The people have the right 
to the privilege of education, and it is the duty of the State to 
guard and maintain that right. — Bill of Rights, North Carolina 
Constitution. 

EDUCATIONAL QUALIFICATION FOR SUFFRAGE. 

Article VI, section 4, of the Constitution of North Carolina con- 
tains the following: 

Every person presenting himself for registration shall be able 
to read and write any section of the Constitution in the English 
language ; and before he shall be entitled to vote he shall have 
paid, on or before the first day of May of the year in which he 
proposes to vote, his poll tax for the previous year, as prescribed 
by Article V, section 1, of the Constitution. But no male person 
who was on January 1, 1867, or at any time prior thereto, entitled 
to vote under the laws of any State in the United States wherein 
he then resided, and no lineal descendant of any such person, shall 
be denied the right to register and vote at any election in this 
State by reason of his failure to possess the educational qualifica- 
tions herein prescribed : Provided, he shall have registered in 
accordance with the terms of this section prior to December 1, 1908. 



NEW SCHOOL LEGISLATION. 



The General Assembly of 1907 enacted the following new legis- 
lation on the subject of schools, amended in 1909, as indicated by 
the parts printed in italics : 

PUBLIC HIGH-SCHOOL LAW. 

AN ACT TO STIMULATE HIGH-SCHOOL INSTRUCTION IN 
THE PUBLIC SCHOOLS OF THE STATE, AND TEACHER 
TRAINING. 

The General Assembly of North Carolina do enact: 

HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE 
MONTHS ANNUALLY. 

Section 1. With the consent of the State Board of Education, 
the county board of education in any county may in its discretion 
establish and maintain, for a term of not less than five school 
months in each school year, one or more public high schools for 
the county, at such place or places as shall be most convenient for 
the pupils entitled to attend and most conducive to the purposes 
of said school or schools. 

HIGH-SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. 

Sec 2. For each public high school established under this act a 
committee of three persons shall be appointed by the county board 
of education, who shall be known as the School Committee 

of Public High School of 

County. The powers, duties and qualifications of said committee- 
men shall be similar to those of other public-school committeemen. 
They shall be appointed as follows : one for a term of two years, 
one for a term of four years, and one for a term of six years ; and 
at the expiration of the term of any committeeman his successor 
shall be appointed for a term of six years: Provided, that in case 
of death or resignation of any committeeman his successor shall 
be appointed for the unexpired term only. Within two weeks after 
appointment the committee shall meet and elect a chairman and 
a secretary and enter upon the performance of their duties. 



High-school Law. 9 

rules, regulations, and course of study. 

Sec. 3. All public high schools established and maintained under 
the provisions of this act shall be operated by the county board 
of education, under such general i-ules and regulations as may be 
prescribed by the State Board of Education. The courses of study 
for such high schools and the requirements for admission to them 
shall be prescribed by the State Superintendent of Public Instruc- 
tion. 

inspection, certificates, and minimum SALARY OF TEACHERS. 

Sec. 4. It shall be the duty of the county board of education 
to locate all high schools established under this act, to furnish 
the State Superintendent of Public Instruction with such infor- 
mation relative to said schools as he may require, and to make 
such local rules and regulations for the conduct of said schools 
as may be necessary : Provided, that before any State funds shall 
be appropriated for the support of any public high school the 
State Superintendent of Public Instruction shall cause the same 
to be inspected by some competent person to see that suitable 
arrangements have been made for giving high-school instruction 
and to enable said school to conform to all the requirements of 
this act and to the rules and regulations of the State Board of 
Education : Provided further, that no one shall teach in any public 
high school that receives State funds under this act who does 
not hold a high-school teacher's certificate from the State Super- 
intendent of Public Instruction, who shall have power to pre- 
scribe a standard of scholarship and examination for same ; and 
Provided further, that no one shall be employed as teacher in 
such high school without the approval and recommendation of 
the county superintendent. The minimum salary of any public 
high-school teacher holding such certificate and employed as high- 
school teacher in such high school shall be forty dollars per 
school month. 

HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. 

Sec 5. Before any high school shall be established under the 
provisions of this act, the committee or committees establishing 
such school shall first provide for thorough instruction for at 
least five months in each school year in all branches of study 



10 High-school Law. 

required to be taught in tlie public schools of the State; and no 
school shall be entitled to the benefit of this act in which less 
than three teachers are employed. 

[Each school must have at least two teachers in addition to the 
high-school teacher.] 

ARRANGEMENT FOB FREE TUITION IN HIGH SCHOOLS ALREADY 
ESTABLISHED. 

Sec. 6. The county board of education of any county may 
enter into an agreement with the board of trustees or the com- 
mittee of one public high school of the county to permit all chil- 
dren of said county of school age who are prepared to enter such 
high school and all public-school teachers of said county desiring 
high-school instruction to attend such school free, the rate of 
tuition for each pupil in each high-school grade to be fixed by 
agreement with said county board of education, and paid as fol- 
lows : one-half out of a fund set aside by the county board of 
education from the county school fund for that purpose, and one- 
half out of the special State appropriation hereinafter provided, 
under such rules as the State Board of Education may prescribe: 
Provided, that the sum apportioned by the county board of edu- 
cation for this purpose shall not exceed five hundred dollars, and 
the sum apportioned by the State Board of Education for the 
same purpose shall not exceed that apportioned by the county 
board of education : Provided further, that the course of study 
in such high school shall be approved by the State Superintendent 
of Public Instruction. 

CONDITIONS OF STATE AID. 

Sec. 7. The county superintendent of schools in any county in 
which said public high school or high schools shall be established 
shall give due notice of the same to the State Board of Educa- 
tion before any State funds shall be appropriated for the support 
of said school or schools ; and when the county treasurer of any 
county shall certify to the State Superintendent of Public Instruc- 
tion that as much as two hundred and fifty dollars has been placed 
to the credit of any public high school established and inspected 
as provided for in this act, thereupon a State warrant shall be 
issued upon requisition of the State Superintendent of Public 
Instruction for two hundred and fifty dollars and sent to the 
treasurer of the county in which such high school is located, to 
be placed to the credit of said high school and paid out exclusively 



High-school Law. 11 

for the support of said high school on the warrant of the high- 
school committee, approved by the county superintendent of 
schools. The treasurer of each county in which such public high 
school or schools shall be established shall keep a separate ac- 
count of the public high-school fund, and at the end of each 
school year he shall malie to the State Superintendent of Public 
Instruction and to the county board of education a report of all 
receipts and disbursements of said fund. 

MAXIMUM STATE AID FIVE HUISTDBED DOLLARS AND NUMBER OF SCHOOLS 
AIDED IN ONE COUNTT LIMITED TO FOUR. 

Sec. S. If a larger amount than two hundred and fifty dollars 
be provided by taxation or by private donation or by local appro- 
priation, or otherwise, for the support of any public high school 
established and maintained under the provisions of this act, then 
the State shall contribute a lilie amount: Provided, that the 
State shall not contribute more than five hundred dollars in any 
one school year for the support of any one high school : Provided 
further, that not more than four public high schools in any one 
county shall be entitled under the provisions of this act to receive 
State funds. 

NO SCHOOLS AIDED IN TOWNS OF MORE THAN ONE THOUSAND 
TWO HUNDRED. 

Sec. 9. High schools may not be established under this act in 
towns of more than twelve hundred inhabitants. Contracts, how- 
ever, may be made between the county board of education and 
the committee or trustees of any public or graded school wherein 
high-school branches are taught. Such contract shall provide for 
the admission to such school of students in high-school grades and 
of public-school teachers of any township, townships, or of the 
county, and for the payment of tuition by the county board of 
education for teachers and children so attending from outside the 
limits of said school district, and the tuition in no case to exceed 
two dollars per mouth. Upon the making and approval of such 
contract and the deposit with the county treasurer of an amount 
sutficient to pay one-half of amount estimated to be necessary 
for such purpose, either by direct appropriation by the county 
board of education from a fund set aside for that purpose or by 
private donation, then upon proper certification of such facts a 
State warrant shall be issued for equal amount, payable to county 
treasurer upon request of the State Superintendent of Public 



12 High-school Law. 

Instruction: Provided, that no aid may be given by the State 
in cases where, under the contract, less than one hundred dollars 
is needed to pay the tuition, and that the State may not in any 
case be called on for more than five hundred dollars: Provided 
further, that the course of study of such school shall be sub- 
mitted to the State Superintendent of Public Instruction and 
approved by him. 

SUM OF FIFTY THOUSAND DOLLARS ANNUALLY APPROPELA.TED. 

Sec, 10. The sum of fifty thousand dollars, or so much thereof 
as may be necessary, is hereby annually appropriated for the 
purposes of high-school instruction and teacher training pro- 
vided for in this act. The State Board of Education shall have 
the power to fix such rules and regulations, in accordance with 
the provisions of this act, as may be necessary for the proper 
distribution of this fund. 

TEACHER-TRAINING SCHOOL TO BE ESTABLISHED. 

Sec. 11. That there shall be established and maintained at some 
suitable point in eastern North Carolina a teachers' training 
school, for the training of young white men and women, under 
the corporate name of the East Carolina Teachers' Training 
School. 

LOCATION OF TRAINING SCHOOL BY STATE BOARD. 

Sec. 12. That said school shall be located by the State Board 
of Education at such a point in eastern North Carolina as they 
may deem proper, and shall be located in or near that town offer- 
ing the largest financial aid, having due regard to desirability 
and suitability for the location of said school. 

, PURPOSE OF TRAINING SCHOOL AND COURSE OF STUDY. 

Sec. 13. That the object in establishing and maintaining said 
school shall be to give to young white men and vs^omen such educa- 
tion and training as shall fit and qualify them for teaching in the 
public schools of North Carolina. And the board of trustees 
hereinafter provided for, in prescribing the course of study of 
said school, shall lay special emphasis on those subjects taught in 
the public schools of the State and on the art and science of teach- 
ing ; and in no event shall the.y prescribe a curriculum beyond 
that which would fit and prepare a student for unconditional 
entrance into the freshman class of the University of North Caro- 
lina. 



High-school Law. 13 

tuition free to prospective teachers. 

Sec. 14. That tuition in said school shall be free to those who 
signify their intention to teach, for such time and upon such 
conditions as may be prescribed by the board of trustees; and 
the board of trustees, upon the recommendation of the faculty, 
shall give those students in said school who have completed the 
required course a certificate of proficiency in the work done. 

MANAGEMENT OF TRAINING SCHOOL. 

Sec. 15. That said school shall be managed by a board of trus- 
tees, consisting of nine persons, together with the State Super- 
intendent of Public Instruction, as chairman ex officio, said 
trustees to be appointed by the State Board of Education: Pro- 
vided, that two members of the said board shall be selected from 
the First Congressional District, two from the Second, two from 
the Third, two from the Fourth and one from the Sixth, whose 
term of office shall be six years : Provided further, that of the 
trustees first elected, three shall hold office for two years, three 
for four years and three for six years, said term of ofl5ce to 
begin on the fifteenth day of March, one thousand nine hundred 
and seven. That the State Board of Education shall appoint 
.trustees for the full term of six years, upon the expiration of the 
term of office of any member of this board. Vacancies occurring 
by death or resignation of any member of this board shall be 
filled by appointment of the State Board of Education for the 
unexpired term. All trustees shall take oath to perform faith- 
fully their duties as required by this act, and shall hold office 
until their successors have been appointed and qualified. The 
board of trustees shall report biennially to the Governor, before 
the meeting of each General Assembly, the operation and condition 
of said school. 

POWERS OF TRUSTEES. 

Sec. 16. That said board of trustees above provided for, upon 
their election and qualification, shall be and become a body corpo- 
rate and politic, with all the powers usually conferred upon such 
bodies and necessary to enable them to acquire and hold property, 
manage and conduct said school, and do all other things neces- 
sary for the carrying out of the provisions and purposes of this 
act. 

Sec. 17. That as soon as said school shall have been located by 
the State Board of Education and the trustees herein provided 



14 The Child-labor Law. 

for shall have qualified, the chairman shall call a meeting of 
said trustees for the purpose of organizing said board as soon 
as practicable. After said organization the said trustees shall 
proceed to build and equip the necessary buildings for said school, 
and shall make such rules and regulations for the government of 
said school as they may deem proper : Provided, that no rules 
shall be made that would discriminate against one county in 
favor of another in the admission of pupils into said school. 

AMOUNT OF STATE AID AND LOCAL AID FOR BUILDINGS AND SITE. 

Sec. 18. That the sum of fifteen thousand dollars ($15,000) be 
and the same is hereby appropriated, to be paid from any funds 
in the hands of the State Treasurer not otherwise appropriated, 
for the purpose of aiding in erecting and equipping the buildings 
for said school, one-half of said sum to be paid in one thousand 
nine hundred and seven and one-half in one thousand nine hun- 
dred and eight: Provided, that the town or community in which 
said school is located shall contribute the sum of not less than 
twenty-flve thousand dollars ($25,000) toward the construction 
and equipment of said buildings, and the title to said buildings 
shall be in and held by the State Board of Education. 

Sec. 19. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
8th day of March, A. D. 1907. 

1907, c. 820; 1909, c. 525. 



THE CHILD-LABOR LAW. 

The General Assembly of North Carolina do enact: 

CONDITIONS FOR EMPLOYMENT OF CHILDREN. 

Section 1. That no child under twelve years of age shall be 
employed or worked in any factory or manufacturing establish- 
ment within this State: Provided, that after one thousand nine 
hundred and seven no child between the ages of twelve and 
thirteen years of age shall be employed or worl< in a factory, 
except in apprenticeship capacity, and then only after having 
attended school four months in the preceding twelve months. 

SIXTY-SIX HOURS A WEEK. 

Sec. 2. That not exceeding sixty-six hours shall constitute a 
week's work in all factories and manufacturing establishments 
in this State. No person under eighteen years of age shall be re- 



Compulsory Attendance. 15 

quired to work in sucli factories or establisliinents a longer period 
ttian sixty-six hours in one weeli : Provided, tliat this section shall 
not apply to engineers, firemen, machinists, superintendents, over- 
seers, section and yard hands, office men, watchmen or repairers of 
breakdowns. 

PENALTY FOE FALSE STATEMENTS AND VIOLATION. 

Sec. 3. All parents or persons standing in the relation of parent, 
upon hiring their children to any factory or manufacturing 
establishment, shall furnish such establishment a written state- 
ment of the age of such child or children so hired, and certificate 
as to school attendance; and any parent or person standing in 
relation of parent to such child or children who shall in such 
written statement misstate the age of such child or children be- 
ing so employed, or their school attendance, shall be guilty of a 
misdemeanor, and upon conviction shall be punished in the dis- 
cretion of the court. 

Any mill owner, superintendent or manufacturing establishment 
who shall knowingly or willfully violate the provisions of this act 
shall be guilty of a misdemeanor, and upon conviction shall be 
punished in the discretion of the court. 

NO NIGHT WORK UNDER FOURTEEN AFTER NINETEEN 
HUNDRED AND SEVEN. 

Sec. 4. After one thousand nine hundred and seven no boy or 
girl under fourteen years old shall work in a factory between the 
hours of eight P. M. and five A. M. 

Sec. 5. That this act shall be in force from and after January 
first, one thousand nine hundred and eight. 



COMPULSORY-ATTENDANCE LAW. 

AN ACT TO REQUIRE ATTENDANCE UPON THE PUBLIC 
SCHOOLS FOR SIXTEEN WEEKS IN EACH YEAR, BE- 
TWEEN THE AGES OF EIGHT AND FOURTEEN. 

The General Assembly of North Carolina do enact: 

SCHOOL DISTRICT OR TOWNSHIP HAY VOTE ON QUESTION. 

Section 1. The county board of education of any county may 
in their discretion, tipon a petition of a majority of the qualified 
voters of any township or school district in such county, order and 
hold an election, submitting to the qualified voters of such town- 



16 Compulsory Attendance. 

ship or district the question of compulsoi-y attendance. For 
sucli election tlie said board shall designate the time for hold- 
ing the same, shall appoint a registrar and two poll holders for 
each voting place, and shall advertise the same by posting notices 
at the courthouse door and three other public places in the 
district or township thirty days before such election. If the 
election be for a school district, then the county board of educa- 
tion shall also designate the voting place ; if for a township, the 
polling places shall be those of the preceding general election. At 
such election those favoring compulsory attendance shall vote a 
ticket on which shall be written or printed the words "For Com- 
pulsory Attendance" ; those who are opposed shall vote a ticket 
on which shall be written or printed the words "Against Com- 
pulsory Attendance." The result of such election shall be reported 
to the county board of education by the judges of election, and 
no other report shall be required. In all other respects, except 
as provided herein, the election shall be held under the law gov- 
erning general elections, as nearly as may be. The expense of 
such election shall be paid out of the county school fund. If it 
appear that a majority of the votes east at such election are in 
favor of compulsory attendance the county board of education 
shall order compulsory attendance upon the school or schools of 
the township or district named in the petition, as provided for in 
this act. Upon petition of a majority of the parents of the chil- 
dren of school age in any school district or toivnship of any county, 
the county board of education of such county may in its discre- 
tion order compulsory attendance upon the school or schools named 
in such petition, or npon all the schools in the toicnship named, as 
provided for in this act. Whenever it shall appear from the cer- 
tificate of the county superintendent of public instruction of any 
county that the enrollment in any school district in said county 
for the preceding school year was less than sixty per cent, or that 
the average daily attendance upon said school was less than thirty- 
five per cent of the school census of said district, the comity board 
of education of the county in ichich such school is located, xoith- 
out petitiofi or election, shall have the poiver in its discretion to 
order compulsory attendance upon such school under the provisions 
of this act. 

1907, c. 894 ; 1909, c. 525. 

COMPULSORY- ATTENDANCE AGE, EIGHT TO FOURTEEN ; TERM, SIXTEEN 

WEEKS. 

Sec. 2. Every parent or person having control of a child over 
eight and under fourteen years of age shall cause such child to 



Compulsory Attendance. 17 

attend the public school in the district where such parent or 
person resides for sixteen weelis in each school year, such year 
beginning on the first day of July and ending on the thirtieth day 
of June, unless the parent or person having control of such child 
shall show that the child has elsewhere received during the year 
regular instruction for sixteen weeks in the branches of study 
taught in the public schools. Children over twelve years of age 
shall not be subject to the requirements of this act while lawfully 
employed at labor at home or elsewhere. 

PENALTY FOR VIOLATION OF LAW AND EXCEPTIONS. 

Sec. 3. Any person violating the provisions of the foregoing 
section two shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than five dollars nor more than twenty-five 
dollars : Provided, that if the parent or person having control 
of the child shall show that the child is destitute of clothing suit- 
able for attending school, and such parent or person is unable to 
provide suitable clothing, or that the child's mental or physical 
condition is such as to render its instruction inexpedient and im- 
practical, such parent or person shall not be convicted of a viola- 
tion hereof. 

Sec. 4. Every person who shall regularly employ any child 
under twelve years of age or shall authorize or permit the regular 
employment of such child upon premises under his control during 
the school hours while the school that such child should attend 
is in session, shall be guilty of a misdemeanor, unless the child so 
employed shall have attended school for sixteen weeks prior to 
such employment and during the current school year, or unless 
such child is excusable under section three. 

PENALTY FOR FALSE STATEMENTS AS TO AGE OF CHILDREN. 

Sec. 5. The person taking the school census of any district shall 
obtain the information as to the age of each child in the district 
from the parent or person having control of such child, and the 
written reports sworn to by the census taker shall be prima facie 
evidence in any court of the age of each child therein enumerated. 
Every parent or person having control of a child who shall make 
any false statement concerning the age of such child with the 
intent to deceive the census taker or the teacher of any school or 
the employer of such child shall be guilty of a misdemeanor and 
fined not more than fifty dollars. 
3 



18 Compulsory Attendance. 

evidence of nonattendance. 

Sec. 6. At the end of the term of the public school the teacher 
or principal of such school shall make a report to the county 
superintendent of schools of such county, showing the names of 
the children between the ages of eight and fourteen who attended 
such schools and the number of days each child attended. Such 
statement shall be sworn to by the teacher or principal and shall 
be prima facie evidence in any court both as to the facts stated 
therein and that any child not enumerated therein did not attend 
such school. 

METHOD OF PROSECUTION FOR NONATTENDANCE. 

Sec. 7. It shall be the duty of the county superintendent of 
schools to furnish annually to the constable of such township in 
his county or to some other lawful otficer of the county a list 
of the children who have not attended school as required by law, 
and upon such infoi'mation it shall be the duty of said constable or 
officer, upon an affidavit of some reputable person that any person 
has violated the provisions of this act, to cause the offending per- 
sons to be prosecuted before some justice of the peace of such 
township. 

IN DISCRETION OF COUNTY BOARD TO ENFORCE LAW. 

Sec 8. Whenever the county board of education shall order 
compulsory attendance upon any school or schools in any school 
district or township after an election, as provided in section one 
hereof, the provisions of this act shall be in full force and effect 
in the territory described and for the schools named, but this act 
shall not apply to any school or the penalties herein prescribed be 
enforced except upon the order of the county board of education, 
as herein provided. 

CLERK or COURT TO KEEP LIST OF SpHOOLS. 

Sec 9. It shall be the duty of the county board of education 
of each county to furnish to the clerk of the Superior Court of 
such county a list of all schools which have been placed under 
the operation of this act. The said clerk shall keep a list of the 
same in his office and shall furnish to each justice of the peace 
of the county a certified list of all schools in the township of 
such justice of the peace which' are so included ; and the said 
list as kept by the said clerk, or a certified statement made by 
him, shall be conclusive evidence in any court that the provisions 



Compulsory Attendance. 19 

of this act shall apply to the school or schools therein named: 
Provided, that this act shall not apply to any territory now having 
compulsory attendance established by law. 

Sec. 10. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
11th day of March, A. D. 1907. 



DEAF CHILDREN MUST ATTEND SCHOOL. 

AN ACT TO COMPEL WHITE DEAF CHILDREN TO 
ATTEND SCHOOL. 

Tlie General Assembly of North Carolina do enact: 

Section 1. That every deaf child of sound mind in North Caro- 
lina shall attend a school for the deaf at least five school terms 
of nine months each, between the ages of eight years and fifteen 
years. 

Sec. 2. That parents, guardians or custodians of a deaf child 
or deaf children between the ages of eight and fifteen years shall 
send said child or children, or cause to be sent, to some school for 
the instruction of the deaf, at least five terms or sessions of nine 
months each, between the ages of eight years and fifteen years. 

Sec. 3. That parents, guardians or custodians of any deaf chil- 
dren between the ages provided in section two of this act failing 
to send said deaf child or deaf children to some school for instruc- 
tion, as provided in this act, shall be guilty of a misdemeanor, and 
upon conviction shall be fined or imprisoned, at the discretion of 
the court, for each year said deaf child is kept out of school, be- 
tween the ages herein provided : Provided, that said parents, 
guardians or custodians may elect two years between said ages of 
eight and fifteen years that a deaf child or deaf children may re- 
main out of school : Provided further, that this section shall not 
apply to or be enforced against the parent, guardian or custodian 
of any deaf child until such time as the superintendent of any 
school for the instruction of the deaf, by and with the approval 
of the executive committee of such institution, shall in his and 
their discretion serve written notice on such parent, guardian or 
custodian, directing that such child be sent to the institution 
whereof they have charge. 

Sec. 4. That it shall be the duty of the school census taker to 
report name, age and sex of each deaf child in his district, and 
name of parents, guardians or custodians and their post-oQice ad- 



20 Scientific Temperance Instbuction. 

dress, to the county superintendent of education, who shall send 
said report of names and addresses to the Superintendent of the 
North Carolina School for the Deaf and Dumb, located at Mor- 
ganton, N. C. ; that said census taker or county superintendent 
failing to make reports as provided in this act shall be fined five 
dollars ($5) for each white deaf child not so reported. 

Sec. 5. That said fine as provided in section three (3) of this 
act and said fine of five dollars ($5) provided in section four (4) 
of this act, when collected, shall be paid to the public-school fund 
of the county in which such child lives. 

Sec. 6. That this act shall take effect the first day of September, 
one thousand nine hundred and seven. 



SCIENTIFIC TEMPERANCE INSTRUCTION. 

AN ACT RELATING TO SCIENTIFIC TEMPERANCE 
INSTRUCTION IN THE PUBLIC SCHOOLS. 

The General Assembly of North Carolina do enact: 

Section 1. In addition to the branches in which instruction is 
now required by law to be given in all schools supported wholly or 
in part by public money, instruction shall also be given as to the 
nature of alcoholic drinks and other narcotics and their effect upon 
the human system, in connection with the various divisions of 
physiology and hygiene, and such subject shall be taught in each 
school year below the second year in the high schools, and shall be 
taught as thoroughly as arithmetic and geography are taught in 
said schools : Provided, that the minimum amount of such instruc- 
tion shall be two lessons each week for ten weeks, or the equiva- 
lent of the same, in schools employing one teacher, and three les- 
sons each week for ten weeks, or the equivalent of the same, in 
schools employing two or more teachers. Such instruction shall 
be given by the use of text-bou3ks in the hands of all pupils in all 
grades from the fourth grade to the first year in the high school, 
inclusive, or in corresponding classes in graded schools, and 
orally to all pupils in the first three or primary grades, by teach- 
ers using text-books adapted to such oral instruction as a guide 
and standard ; and all pupils must pass such tests as may be re- 
quired in other studies before promoting to the next succeeding 
year's work, and such instruction shall be given as aforesaid to 
all pupils in all public schools of the State. 

Sec. 2. The text-books used for the instruction required to be 
given by the preceding section shall be graded to the capacities of 
the pupils, and for students below high-school grade such text- 



Scientific Temperance Instruction. 21 

books shall give at least one-fifth their space, and for students of 
fifth school grade they shall give not less than twenty pages to 
the nature and effects of alcoholic drinks and other narcotics ; but 
no book in which the required amount of this subject shall ap- 
pear, in whole or part, as a separate chapter at the end of 
the book shall be considered as complying with the require- 
ments of this statute, and no topical outline of study for the guid- 
ance of teachers which reduces the amount of temperance instruc- 
tion below that which is required by the text-books provided for 
in this act shall be considered as complying with the intent of the 
law. No text-book on physiology and hygiene not conforming to 
this act shall be used in the public schools except so long as may 
be necessary to fulfill the conditions of any legal adoption existing 
at the time of the passage of this act. 

Sec. 3. In all normal schools, teachers' training classes, teach- 
ers' institutes, teachers' associations, summer schools and all other 
organizations for the equipment of teachers, adequate time and 
attention shall be given to instruction in the best methods of 
teaching physiology and hygiene with special reference to the na- 
ture of alcoholic drinks and other narcotics ; and no teacher shall 
be licensed who has not passed a satisfactory examination in this 
subject and the best method of teaching it. 

Sec 4. That it shall be the duty of the proper officer in control 
of any school or schools described in the first and third sections 
of this act to enforce the provisions of this act ; and any such offi- 
cer, school director, committee, superintendent or teacher who 
shall refuse or neglect to comply with the requirements of this 
act or shall neglect or fail to make proper provision for the in- 
struction required and in the manner specified by this act for all 
pupils in each and every school under his control and supervision 
shall be removed from office and the vacancy filled as in other 
cases; and if it be satisfactorily proved that trustees or board of 
education or board of educational institutions receiving money 
from the State have failed to enforce this act, as far as they have 
authority, it shall be deemed sufficient cause for withholding the 
warrant for the State appropriation of school money to which 
such district or educational institution would otherwise be en- 
titled. 

Sec 5. This act shall be in full force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
11th day of March, A. D. 1907. 

1907, c. 957. 



THE PUBLIC SCHOOL LAW. 



The following is the Public School Law of one thousand nine 
hundred and five, as amended by the General Assembly of one 
thousand nine hundred and seven and one thousand nine hundred 
and nine. Each division of the law is preceded by a succinct sum- 
mary and contains explanatory notes, the whole being followed by 
decisions bearing on its interpretation. 

I. APPLICATION OF CHAPTER. 

4029. This chapter not applicable to certain schools ; such 
SCHOOLS regulated. The provisions of this chapter shall not ap- 
ply to any township, city or town now levying a special tax for 
schools and operating under special laws or charters, or to schools 
operating under section forty-seven, chapter one hundred and 
ninety-nine, Laws of one thousand eight hundred and eighty-nine. 
School districts in any city or town now operating under section 
forty-seven, chapter one hundred and ninety-nine, Laws of one 
thousand eight hundred and eighty-nine, are hereby continued, and 
all vacancies in the school committees therein shall be filled by 
the county board of education. If such districts comprise a town- 
ship, there shall not be appointed township school committeemen 
for such township, and all apportionments shall be made directly 
to the committee of such districts. The superintendent and treas- 
urer of all such schools receiving any part of the public-school 
fund shall be required to make to the State Superintendent and 
the county superintendent such reports as these officers shall de- 
mand and as are made by other public schools to them, and shall 
be under the general supervision of the State Superintendent of 
Public Instruction. 

1901, c. 4, s. 73 ; 1903, c. 435, s. 25. 

[This section requires the proper officers of town and city schools 
to make reports to the State Superintendent.^ 

II. THE STATE BOARD OF EDUCATION. 

Summary: The State Board consists of the Governor, the 
Lieutenant Governor, the Secretary of State, the Treasurer, 
the Auditor and the Superintendent of Public Instruction ; 

HAS corporate POWERS ; THE GOVERNOR IS PRESIDENT, THE StATE 

Superintendent is secretary ; it must keep a record of its pro- 



Sections 4030—33. 23 

ceedings, and succeeds to all the powers of "the president and 
directors of the literary fund." this board may make rules 
for the government and regulation of the public schools and 
has vested in it the property and management of the literary 

FUND OF THE StATE.* 

4030. Incorporated. The Governor, Lieutenant Governor, Secre- 
tary of State, Treasurer, Auditor, Superintendent of Public Instruc- 
tion and Attorney-General shall constitute the State Board of Edu- 
cation, and by the name, the State Board of Education, are created 
a corporation, and by that name may sue and be sued ; may have a 
common seal ; may acquire, receive and hold real, personal and 
mixed property, by purchase, gift, devise or otherwise, and may 
sell, dispose of and convey the same; and may contract and be con- 
tracted with, for the purposes provided in this chapter and for such 
other purposes as may be prescribed by law, and to that end may 
make such by-laws for its government and the exercise of its pow- 
ers, and alter the same from time to time in its discretion, as shall 
not be in conflict with the laws of the State and of the United 
States ; and shall be vested with all other powers conferred upon 
corporations under the general law relating to corporations. 

Const, Art. IX, ss. 8, 9, 10; Code. s. 2503; 1881, c. 200; 1903, 
c. 567, s. 7. 

4031. Officers ; quorum ; meetings ; expenses. Of the board, 
the Governor shall be president, the Superintendent of Public In- 
struction shall be secretary, and the Treasurer of the State shall 
be treasurer, and a majority of the board shall constitute a quo- 
rum for the transaction of business. The board shall hold its meet- 
ings in the Executive office, and shall meet at such times as a 
majority of the members may appoint ; but the Governor may call 
a meeting at any time. The contingent expenses of the board shall 
be provided for by the General Assembly. 

Const, Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s. 2. 

4032. Proceedings recorded. All the proceedings of the board 
shall be recorded in a well-bound and suitable book, which shall be 
kept in the office of the Superintendent of Public Instruction. 

Code, s. 2505 ; ISSl, c. 200, s. 3. 

4033. Succeeds to powers and property, etc., of literary fund. 
The State Board of Education shall succeed to all the powers and 



*The State Board of Education, in addition to the above, lias control of the 
Colored Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission 
(Rev. 1905, 4057-4084). The State Board also elects directors of State Normal 
and Industrial College (Rev. 1905, 4252). The trustees of the East Carolina 
Training School are also elected by this board (Laws 1907). 



24 Sections 4034—35. 

trusts of the "president and directors of the literary fund of North 
Carolina," and shall have full power to legislate and make all 
needful rules and regulations for the government of the public 
schools and for the management of the State educational fund; 
but all such acts, rules and regulations of the board may be altered, 
amended or repealed by the General Assembly, and when so altered, 
amended or repealed shall not be re-enacted by the board ; and the 
board shall succeed to and have all the property, powers, rights, 
privileges and advantages which in anywise belonged or apper- 
tained to the "president and directors of the literary fund of North 
Carolina," and may, in its own name, assert, use, apply and enforce 
the same. 

Const, Art. IX, s. 10; Code, s. 2506; ISSl, c. 200, s. 4; R. C, 
c. 66 ; R. S., CO. 66, 67. 

4034. Accounts kept ; reports made. The State Treasurer shall 
keep a fair and regular account of all the receipts and disburse- 
ments of the State literary fund, and shall report the same to the 
General Assembly at the same time when he makes his biennial 
account of the ordinary revenue; and the State Board of Educa- 
tion shall report to the General Assembly the manner in which the 
fund has been applied or invested, with such recommendations for 
the improvement of the same as to it shall seem expedient. 

Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 
567, s. 1. 

4035. How FUNDS INVESTED. The state Board of Education is 
authorized to invest in North Carolina four per cent bonds or in 
other safe interest-bearing securities, the interest on which shall 
be used as may be directed from time to time by the General As- 
sembly for school purposes. 

1891, c. 369. 

Note. — Sections 4036-4052 concern Swamp Lands. 

III. LOANS FOR BUILDING SCHOOLHOUSES. 

Summary: The State Board may make loans from the liter- 
ary FUND TO the county BOARD FOR BUILDING SCHOOLHOUSES, ANY 
SUCH LOAN TO BE RELOANED BY THE COUNTY BOARD TO THE SCHOOL 

DISTRICT. Such loans bear 4 per cent interest and are a lien 

ON ALL the county SCHOOL FUNDS, AND MUST BE REPAID IN TEN 
EQUAL INSTALLMENTS. ALL LOANS ARE MADE UNDER SUCH RULES 
AND REGULATIONS AS THE StATE BOARD MAY ADOPT.* 



*The State Superintendent, on application, will furnish the rules regulating 
this subject. 



Sections 4053 — 55. 25 

4053. Made by State Board. The State Board of Education, 
under such rules and regulations as it may deem advisable, not 
inconsistent with the provisions of this chapter, may make loans 
from the State literary fund to the county board of education of 
any county for the building and improving of public-school houses 
in such county ; but no warrant for the expenditure of any money 
for such purposes shall be issued by the Auditor except upon the 
order of the State Superintendent of Public Instruction, with the 
approval of the State Board of Education. 

1903, c. 567, ss. 1, 2, 8. 

4054. Terms of. Loans made under the provisions of this chap- 
ter shall be payable in ten installments, shall bear interest at four 
per centum, payable annually, and shall be evidenced by the note 
of the county board of education, executed by the chairman and 
secretary thereof, and deposited with the State Treasurer. The 
fix'St installments of such loan, together with the interest on the 
whole amount then due, shall be paid by the county board on the 
tenth day of February after the tenth day of August subsequently 
to the making of such loan, and the remaining installments, to- 
gether with the interest, shall be paid, one each year, on the tenth 
day of February of each subsequent year, till all shall have been 
paid. 

1903, c. 567, s. 3. 

4055. How SECURED AND PAID. At the January meeting of the 
county board of education, before any installment shall be due on 
the next tenth day of February, the county board shall set apart 
out of the school funds an amount sufficient to pay such installment 
and interest to be due, and shall issue its order upon the treasurer 
of the county school fund therefor, who, prior to the tenth day of 
February, shall pay over to the State Treasurer the amount then 
due. And any amount loaned under the provisions of this law shall 
be a lien upon the total school funds of such county, in whatsoever 
hands such fund may be ; and upon failure to pay any installment 
or interest, or part of either, when due, the State Treasurer may 
deduct a sufficient amount for the payment of the same out of any 
fund due any county from any special State appropriation for pub- 
lic schools, or he may bring action against the county board of 
education of such county, any person in whose possession may be 
any part of the school funds of the county, and the tax collector of 
such county; and if the amount of school fund then on hand be 
insufficient to pay in full the sum so due, then the State Treasurer" 



26 Sections 4056 and 4085. 

shall be entitled to an order directing the tax collector of such 
county to pay over to the State Treasurer all moneys collected for 
school purposes until such debt and interest shall have been paid. 

1903, c. 567, s. 4. 

4056. Loans by county boards to school districts. The county 
board of education, from any sum borrowed under the provisions 
of this chapter, may make loans to any district in such county for 
the purpose of building schoolhouses in such district, and the 
amount so loaned to any district shall be payable in ten annual 
installments, with interest thereon at four per centum, payable 
annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has 
borrowed under the provisions of this chapter the installment and 
interest then due, and shall continue to deduct such amount at 
each annual January meeting until the whole amount shall have 
been paid, together with interest. 

1903, c. 567, s. 5. 

[Under this section the county board of education may make an 
additional apportionment out of its huilding fund to assist a dis- 
trict to repay its annual interest and installment on its loan.] 

Note. — Sections 4057-4084 concern the Text-book Commission. 

IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. 

Summary: The system or public education must be uniform 

AND FREE TO ALL CHILDREN BETWEEN THE AGES OF SIX AND TWENTY- 
ONE YEARS. Separate schools must be provided for white, col- 
ored AND Indian children, without race discrimination. The 
course of study must include spelling, reading, writing, arith- 
metic, DRAWING, language LESSONS AND COMPOSITION, ENGLISH 

grammar, geography, history of north carolina and the united 
States, and elements of civil government, containing the Con- 
stitutions OF North Carolina and of the United States, and 
text-book instruction in physiology and hygiene. Other sub- 
jects MAY be taught IN ELEMENTARY SCHOOLS WHEN PRESCRIBED BY 

THE State Board of Education. The State Superintendent pre- 
scribes THE course of STUDY FOR HIGH SCHOOLS UNDER THE LaWS 

of 1907. All school officials are required to take oath for 

THE faithful PERFORMANCE OF THEIR DUTIES. 

4085. Uniform system ; compulsory' attendance. The people 
have the right to the privilege of education, and it is the duty of 
the State to guard and maintain that right ; and, religion, morality 



Sections 4086 — 87. 27 

and knowledge being necessary to good government and the happi- 
ness of mankind, schools and the means of education shall forever 
be encouraged. The General Assembly shall provide, hy taxation 
and otherwise, for a general and uniform system of public schools, 
wherein tuition shall be free of charge to all children of the State 
between the ages of six and twentj'-one years; and the General 
Assembly is empowered to enact that every child of sufficient men- 
tal and physical ability shall attend the public schools, during the 
period between the ages of six and eighteen years, for a term of 
not less than sixteen months, unless educated by other means. 
Const., Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 

40SG. Sepaeate schools for races ; no discrimination against 
EITHER RACE. The Children of the white race and the children of 
the colored race shall be taught in separate public schools, but 
there shall be no discrimination in favor of or to the prejudice of 
either race. All white children shall be taught in the public schools 
provided for the white race, and all colored children shall be taught 
in the public schools provided for the colored race; but no child 
with negro blood in his veius, however remote the strain, shall 
attend a school for the white race, and no such child shall be con- 
sidered a white child. The descendants of the Croatan Indians now 
living in Robeson and Richmond counties shall have separate 
schools for their children, as hereinafter provided in this chapter. 

Const., Art. IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. 

[It is the duty of the county boards of education to provide sepa- 
rate school facilities for the Cherokee Indian children residini/ in 
the tcestern part of this State, ichen not othericise provided for.] 

4087. What taught. The branches to be taught in all the pub- 
lic schools shall be spelling, reading, writing, arithmetic, drawing, 
language lessons and composition, English grammar, geography, 
the history of North Carolina and the United States and elements 
of civil government containing the Constitution of North Carolina 
and of the United States, elements of agriculture and oral and text- 
book instruction in elementary physiology and hygiene, including 
the nature and eflfect of alcoholic drinks and narcotics: Provided, 
that in public schools employing more than one teacher the ele- 
ments of civil government, physiology and hygiene, including the 
nature and effect of alcoholic drinks and narcotics and such other 
subjects of study as the State Board of Education may direct, shall 
be taught, after adequate provision shall have first been made for 
the thorough teaching of the branches before named. 

1905. c. 533, s. 9 ; 1901. c. 4. s. 37. 



28 Sections 408S— 89. 

[High-school hranches cannot 6e taught in schools having anly 
one teacher, and may he taught in schools having more than one 
teacher only after adequate provision has first heen made for 
the thorough teaching of the elementary branches mentioned in 
this section.] 

4088. Oath of office taken by officials. The members of the 
county board of education, the school committeemen and the county 
superintendent of public instruction shall, before entering upon 
the duties of office, take oath for the faithful performance thereof. 

1901, c. 4, s. 45. 

V. THE GENERAL POWERS AND DUTIES OF THE 
STATE SUPERINTENDENT. 

Summary: The StrPEEiNTENDENT is required to publish the 

SCHOOL LAW, make A BIENNIAL REPORT TO THE GOVERNOR. KEEP HIS 
office at the capital. AND SIGN ALL ORDERS FOR MONEY PAID OUT 

OF State Treasury for educational purposes. He has general 

DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE 
SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- 
STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED 
TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- 
TIONS OF THE State, and he must also keep in touch with the 
educational progress of other states.* 

4089. Shall equip office, print and circulate school law, 
SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- 
struction of North Carolina shall have the school laws published 
in pamphlet form and distributed on or before the first day of 
May of each year. He shall send to each oflBcer a circular letter 
enumerating his duties as prescribed in this chapter. He shall 
have printed all the forms necessary and proper for the purposes 
of this chapter, and he is herehy authorized to have printed as 
other public printing and distributed such educational bulletins 
as he shall deem necessary for the professional improvement of 
teachers and for the cultivation of public sentiment for public edu- 
cation, and shall look after the school interests of the State, and 



*In addition to these general duties, the State Superintendent has the follow- 
ing duties: Supervision and control of normal department of Cullowhee High 
School, Rev. 1905. 4228; secretary Text-book Commission, Rev. 1905, 4057; trustee 
of State Library, Rev. 1905, 5069; president of board of directors State Normal 
and Industrial "College, Rev. 1905, 4252; chairman of trustees of East Carolina 
Training School, Laws 1907; chairman State Board of Examiners, Laws 1907; 
prescribes course of study for public high schools, Laws 1907; makes rules and 
regulations for niral libraries, Rev. 1905. 4175; and member board of trustees of 
Appalachian Training School, Laws 1907. 



Sections 4090—92. 29 

report biennially to the Governor, at least five days previous to 
each regular session of the General Assembly, which report shall 
give information and statistics of the public schools and recom- 
mend such improvements in the school law as may occur to him. 
He shall keep his office at the seat of government, and shall sign 
all requisitions on the Auditor for the payment of money out of 
the State Treasury for school purposes. Copies of his acts and 
decisions and of all papers kept in his office and authenticated by 
his signature and official seal shall be of the same force and valid- 
ity as the original. He shall be furnished with such room, fuel 
and stationery as shall be necessary for the efficient discharge of 
the duties of his office. 
1909, c. 525. 

4090. Shall construe and enforce law ; ascertain best school 
METHODS. He shall direct the operations of the system of public 
schools and enforce the laws and regulations in relation thereto. 
The county board of education and aH other school officers in the 
several counties shall obey the instructions of the State Superin- 
tendent and accept his constructions of the school law. It shall 
be his duty to correspond with leading educators in other States 
and to investigate systems of public schools established in other 
States, and, as far as practicable, render the results of educa- 
tional efforts and experiences available for the information and 
aid of the Legislature and State Board of Education. 

1901, c. 4, s. 8 ; 1903, c. 435, s. 1. 

4091. Shall counsel county boards ; hold institutes, etc. It 
shall be his duty to acquaint himself with the peculiar educational 
wants of the several sections of the State, and he shall take all 
proper means to supply such wants, by counseling with county 
boards of education and county superintendents, by lectures be- 
fore teachers' institutes and by addresses to public assemblies on 
subjects relating to public schools and public-school work. 

1901, c' 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county, when 
necessary, for the due execution of the law creating a permanent 
loan fund for the erection of public-school houses. He shall in- 
clude in his annual reports a full showing of everything done un- 
der the provisions of the law creating the permanent loan fund 
for the erection of public-school buildings. 

1903, c. 751, ss. 11, 12. 



30 Sections 4093—94. 

VI. SCHOOL FUNDS PROVIDED BY THE STATE. 
Summary: 1. The income of the permanent school fund, or 

LITEKARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING: 
(a) LAND GRANTS FROM UNITED STATES; (&) MONEYS. STOCKS, 
bonds; (C) SALES OF SWAMP LANDS; (cl) GRANTS, GIFTS OR DEVISES. 
All THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT 

(c). The State Board of Education now uses the literary 

FUND TO AID IN BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- 
TIVE SECTIONS 4094-4096 below. See sections 4053-56. 

2. The annual State appropriation of $125,000 for public 
schools, distributed per capita according to school population, 
and an additional annual appropriation of .$100,000 for the 
purpose of securing a four-months school in all the school 
districts of the state* — in all, $225,000 annually. 

4093. Special permanent fund. The proceeds of all lands that 
have been or may hereafter be granted by the United States to 
this State and not otherwise appropriated by this State or the 
United States ; also all moneys, stocks, bonds and any other prop- 
erty now belonging to any State fund for the purposes of educa- 
tion ; also the net proceeds of sales of swamp lands belonging to 
the State, and all other grants, gifts or devises that have been 
made or hereafter may be made to this State and not otherwise 
appropriated by this State or by the terms of the grant, gift or 
devise, shall be paid into the State Treasury, and, together with 
so much of the ordinary revenue of the State as may be set apart 
for that purpose, shall be faithfully appropriated for establishing 
and maintaining a system of free public schools, as established in 
pursuance of the Constitution, and for no other purpose what- 
soever. And all funds of the State heretofore derived from the 
sources enumerated in section four, article nine of the State Con- 
stitution, and all funds that may be hereafter so derived, together 
with any interest that may accrue thereon, shall be a fund sepa- 
rate and distinct from the other funds of the State, to be known 
as the State literary fund. 

Const. Art. IX. s. 4; 1901, c. 4, s. 4 ; 1903, c. 567, s. 1. 

4094. Apportionment of income of school fund. The State 
Board of Education shall, on the first Monday in August of each 
and every year, apportion among the several counties of the State 
all the school funds which may be then in the treasury of the 

*The sum of $7,500 for the establishment of rural libraries is deducted biennially 
from this additional $100,000. The total literary fund now amounts to $456,470.50. 



Sections 4095—97. 31 

board and order a warrant for the full apportionment to each 
county, which apportionment shall be made on the basis of the 
school population ; but no part of the permanent school fund shall 
be apportioned or distributed, but only the income therefrom. The 
State Auditor shall keep a separate and distinct account of the 
public-school funds and of the income and interest thereof, and 
also of such moneys as may be raised by State, county and capita- 
tion tax. or otherwise, for school purposes. 
1901, c. 4, s. 1. 

4095. Apportionment, how paid. Upon the receipt of the requi- 
sition of the treasurer of any county, duly approved by the chair- 
man and secretary of the county board of education, for the school 
fund which may have been apportioned to such county, the State 
Board of Education shall issue its warrant on the State Auditor 
for the sum due such county, whereupon the Auditor shall draw 
his warrant on the treasurer of the State Board of Education in 
favor of such county treasurer for the amount set forth in the 
warrant of the State Board. 

1901. c. 4, s. 2. 

4096. Warrants, how drawn and endorsed. The State Treas- 
urer shall receive and hold as a special deposit all school funds 
paid into the treasury, and pay them out only on the warrant of 
the Auditor, issued on the order of the State Board of Education 
in favor of a county treasurer, duly endorsed by the county treas- 
urer in whose favor it is drawn, and it shall be the only valid 
voucher in the hands of the State Treasurer for the disbursement 
of school funds. 

1901, c. 4, s. 3. 

4097. Annual appropriation for distribution. One hundred and 
twenty-five thousand dollars is hereby appropriated annually out of 
the State Treasury for the benefit of the public schools, to be dis- 
tributed to the respective counties of the State, per capita as to 
school population, on the first Monday in January of each year, 
using the school census of the previous scholastic year as a basis 
of apportionment: Provided, that the State Board of Education 
may deduct annually from said appropriation or from any other 
appropriation out of the State Treasury for puhlic schools an 
amount not to exceed one thousand two hundred dollars, to he used 
in part payment of the salary and expenses of the Superintendent 
of the State Colored Normal Schools and inspector and director 
of the county institutes and teacher-training work of the State, to 



32 Sections 4098—4105. 

he paid hy the State Treasurer only upon the warrant of the State 
Auditor, issued uj)on requisition of the State Superintendent of 
PuMic Instruction. 

1901, c. 543, s. 1 ; 1909, c. 779. 

4098. Waerants, how drawn. The Superintendent of Public In- 
struction shall issue warrants upon the State Auditor for the 
amount due each county under the next preceding section, such 
warrants to be drawn in favor of tl^e county treasurer of each 
county, to be credited to the general public school fund of the 
county. 

1901, c. 543, s. 2. 

4099 — ii05 (Substitute for). One hundred thousand dollars is 
hereby appropriated annually out of the State Treasury for the 
benefit of the public schools, to he apportioned hy the State Board 
of Education as follows: The treasurer of the county school fund 
■and the county superintendent of puhlic instruction of each county 
in which a special tax has been levied hy the county commis- 
sioners thereof to maintain one or more puhlic schools in each 
school district of said county for a period of four months in 
each year shall make affidavit to the State Superintendent of Puh- 
lic Instruction, on or hefore the second Monday in January of 
each year, stating the rate of the special tax so levied hy said 
commissioners in June of the preceding year, and said affidavit 
shall he accompanied with a certified copy of the itemized state- 
ment suhmitted hy the county hoard of education to the county 
commissioners in accordance with which said levy of said special 
tax for schools was made, signed hy the chairman of the county 
hoard of education and the county superintendent of puhlic in- 
struction, and such further information ahout the receipts and 
expenditures and apportionment of the school fund in said county 
as may he required hy the State Superintendent of Puhlic Instruc- 
tion; and thereupon the State Board of Education shall apportion 
to said county from said appropriation a sum of money equal to 
the amount so levied and to he derived from said special tax: 
Provided, that if in any county that has levied a maximum 
special tax of five cents on the one hundred dollars valuation 
of property and fifteen cents on the poll the funds are still irv- 
sufficient to maintain in every school district one or more puhlic 
schools for at least four months, an additional apportionment 
shall he made to said county of the additional amount neces- 
sary to provide a four-months school term in every school district 
in such county. The State Superintendent of Public Instruction 



Section 4106. 33 

shall issue a requisition on the State Auditor for the amount so 
aiyportioned to any county, loho shall issue his loarrant in favor 
of the county treasurer of said county for said amount, and the 
money shall be placed by said, treasurer to the credit of the general 
public school fund of the county, to be used, first for providing a 
four-months school term, in every school district, and any balance 
to be used for equalizing, as nearly as may be, the terms of all 
the public schools of said county. The balance of the State appro- 
priation of one hundred thousand dollars herein provided shall be 
apportioned by tJie State Board of Education to the respective 
counties of the State, per capita as to school population, as pro- 
vided for the apportionment of the one hundred thousand dollars 
appropriated under section four thousand and ninety-seven of the 
Revisal of one thousand nine hundred and five of North Carolina: 
Provided further, that the State Board of Education shall de- 
duct from said appropriation biennially the sum of seven thou- 
sand five hundred dollars for rural libraries, as provided in sec- 
tion four thousand one hundred and seventy-nine of the Revisal 
of one thousand nine hundred and five of North Carolina. That 
no comity needing aid from this appropriation for a four-months 
school term in every district shall receive any funds therefrom 
until it shall have levied the special tax herein required of it for 
that purpose. 

1909, c. 508. 

4106. Excessive appkopeiations for schoolhouses exclude fkom 
BENEFITS OF THIS SUBCHAPTER. No appropriation shall be made to 
any county wherein has been expended or set aside during the 
fiscal year for the purpose of building schoolhouses a percentage 
of the total school fund of such county greater than the following : 
In counties with a total school fund of five thousand dollars or 
less, not to exceed twenty per centum thereof; in counties with a 
total school fund of over five thousand dollars and not more than 
ten thousand dollars, not to exceed sixteen per centum thereof; 
in counties with a total school fund of over ten thousand dollars 
and not more than twenty-five thousand dollars, not to exceed ten 
per centum thereof; in counties with a total school fund of over 
twenty-five thousand dollars, not to exceed seven and one-half per 
centum thereof. Nor shall any appropriation be made under this 
subchapter to any county if it appear that the requirements of the 
school law in regard to the apportionment of funds to the various 
districts have not been complied with in all respects. 

1903, c. 751, s. 10. 
5 



34 Section 4107. 

VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL 
TAXATION AND APPORTIONMENT OF THE SAME. 

Summary: 1. The proceeds of the sale of estrays ; all fines, 
penalties and forfeitures ; liquor license taxes and auction- 
eers' license tax. 

2. The proceeds of three-fourths of the general poll tax, 

THE maximum of WHICH IS TWO DOLLARS, ON ALL MAI-E PERSONS 
between twenty-one and fifty years of AGE.* 

3. The proceeds of an 18 cents tax on each $100 assessed 
valuation of real and pe:rsonal property.* 

4. The proceeds of a maximum special tax of 30 cents on each 
$100 assessed valuation of property and 90 cents on each poll 

MAY BE levied BY A MAJORITY VOTE OF THE QUALIFIED VOTERS OF 

any incorporated town ob school district. 

5. The proceeds of a maximum township high-school tax of 

30 CENTS ON each $100 ASSESSED VALUATION OF PROPERTY AND 90 

cents on each poll may be levied by a majority vote of the 
qualified voters of any township. 

6. The proceeds of such special school tax as any town ob 
city by its charter or by a special act of the general assem- 
bly may acquire the right to levy^ by the approval of a ma- 
jority of its qualified voters. 

The APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND 
THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS 
OF EDUCATION, ACCORDING TO SECTION 4116, BELOW ; ALL OTHER SCHOOL 
FUNDS ARE ENTIRELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- 
MITTEES OB BOARDS OF EDUCATION. 

4107. County educational fund fob free public schools. All 
moneys, stocks, bouds and other propertj^ belonging to a county 
school fund ; also the net proceeds from sales of estrays ; also the 
clear proceeds of all penalties and forfeitures, and of all fines 
collected in the several counties for any breach of the penal or 
military laws of the State, and all moneys which shall be paid 
by persons as equivalent for exemption from military duties ; also 
the net proceeds of any tax imposed on licenses to retailers of 
wines, cordials or spirituous liquors, and to auctioneers, shall be- 
long to and remain in the several counties and shall be faithfully 
appropriated for establishing and maintaining free public schools 



*Revisal 1905, sections 5109 and 5110; Constitution, Art. V, sections 1 and 2. 



Sections 4108 — 11. 35 

in the several counties as established in pursuance of the Consti- 
tution. The amount collected in each county shall be reported an- 
nually to the State Superintendent of Public Instruction. 
Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 

4108. County officers file list of fines ano penalties with 
COUNTY BOARD OF EDUCATION. The clerks of all state and municipal 
courts and the clerks or other officials having in custody the rec- 
ords of any city or town in the State shall furnish to the county 
board of education of their respective counties, on the first Mon- 
day of .July and January of each year, a detailed statement of 
fines, forfeitures and penalties which go to the school fund, that 
have been imposed or which have accrued. 

1901, c. 4, s. 62. 

4109. Tax lists to have separate columns for school taxes. 
The Auditor shall include on the form which he furnishes to the 
board of county commissioners, and on which the tax lists are to 
be made out, separate columns for school poll tax and school 
property tax and for special county and district taxes on property 
and polls. In one of these columns shall be written the total poll 
tax levied by the State and by the county authorities for schools 
and due by the taxpayer. In the other column shall be written 
the total property tax levied by the State and by the county 
authorities and due by the taxpayer. 

1901, c. 4, s. 60. 

4110. Register of deeds to furnish abstracts of tax lists to 
county board. The register of deeds shall furnish to the county 
board of education, as soon as the tax lists are made out, an ab- 
stract of such lists, showing in separate columns the total amount 
of poll tax on such lists, and also the total amount of property 
tax thereon, and also in another column the amount of special 
county and district poll taxes, and in a separate column the 
amount of special county and district property taxes; and shall 
furnish such other information from his office as the county board 
of education may require. 

1901, c. 4, s. 61. 

4111. Sheriff's liability, ci\t:l and criminal, for failure to 
settle school tax. The sheriff of each county shall pay annually 
in money to the treasurer of the county school fund, on or before 
the thirty-first day of December of each year, the whole amount 
for school purposes collected by both state and county, less his 
lawful commission for collecting the same, and such sum as may 
be allowed on account of insolvents for the current year, and on 



36 Section 4112. 

failing to do so shall be liable to an action on his official bond for 
his default in such sum as will cover such default, such action 
to be brought to the next ensuing term of the Superior Court in 
the name of the State upon the relation of the board of county 
commissioners. In making settlement with the treasurer the 
sheriff or tax collector shall make separate account of insolvents 
and delinquents allowed, whether on property or capitation tax. 
The county superintendent shall make copies of the fines and pen- 
alties reported by justices of the peace and reported to clerk of 
Superior Court, and file the same with the county board. 
Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20. 

4112 (Substitute fok). On or before the first Monday in June 
of each and every year the county board of education of each 
county shall ascertain the amount of money that will be needed 
to maintain the public schools of such county for four months dur- 
ing the succeeding school year. The board of education, using as 
a basis the receipts for school purposes during the current school 
year ending June thirtieth, shall ascertain the amount that loill 
be available for school purposes from the regular school tax, from 
fines and penalties and from the amount appropriated under sec- 
tion four thousand and ninety-seven of the Revisal of one thou- 
sand nine hundred and five of North Carolina. If the amount to 
be received is less than the amount ascertained to be needed, the 
board of education shall submit a statement of the above facts to 
the board of county commissioners of such county; and it shall be 
the duty of the board of county commissioners to levy a special 
tax on all property and polls in said county to supply one-half the 
deficiency for the support and maintenance of the public schools 
of such county for four months: Provided, that this special tax 
shall not be less than one cent on the one hundred dollars valua- 
tion of property and three cents on each poll, nor more than five 
cents on the one hundred dollars valuation of property and fifteen 
cents on each poll in any county. This tax shall be levied and 
collected as other county taxes are levied and collected, and the 
funds thus raised shall be expended in such manner as the county 
board of education may determine for maintaining one or more 
public schools in each school district for four months in each 
year. The calculation of the amount that will be necessary slvall 
state separately the amounts needed for supervision, for adminis- 
tration, for buildings and repairs, for expenses (this to be item- 
ized) and for salaries of teachers. The limitation placed by law 
on each of these objects shall not be exceeded. The county board 



Section 4113. 37 

of education shall further state the nnniher of teachers, white and 
colored, to be employed in each district, and the salary of each 
teacher in each district, and the average of salaries to be paid, 
according to this statement, shall not exceed the average salaries 
paid in the State during the preceding year for rvhite teachers 
and colored teachers, respectively. In the event of a disagreement 
between the county board of education and the board of county 
commissioners as to the rate of tax to be levied, the county board 
of education may bring an action in the nature of mandamus 
against the board of county commissioners to compel the levy of 
such special tax in the manner and form as provided in sections 
eight hundred and twenty-two and eight hundred and twenty-four 
of the Revisal of one thousand nine hundred and five of North 
Carolina, and it shall be the duty of the judge hearing the same 
to find the facts as to the amount needed and the a/mount available 
from the sources herein specified, which finding shall be conclusive, 
and to give judgment, requiring the county commissioners to levy 
the sum which he shall find necessary to maintain the schools for 
four months In said county. 

1909, c. 508. 

4113. Special tax may be voted fob township high schools. 
In any township, upon petition of one-fourth of the freeholders of 
the township, approved by the county board of education, the 
board of county commissioners, after thirty days' notice at the 
courthouse door and three public places in the township, shall 
hold an election to ascertain the will of the people within the 
township whether there shall be levied in said township a special 
annual tax of not less than ten cents nor more than thirty cents 
on the one hundred dollars valuation of property and not less 
than thirty cents nor more than ninety cents on each poll, in addi- 
tion to all other taxes levied for all other purposes, to be used 
for the establishment of a central high school or high schools in 
said township, in case such special tax is voted. The board of 
county commissioners shall appoint a registrar and order a new 
registration for said township, and said election shall be held in 
the said township under the law governing general elections, as 
nearly as may be, and the expenses of such election shall be paid 
out of the general county school fund. At said election those 
who are in favor of the levy and collection of said tax shall vote 
a ticket on which shall be printed or written the words "For 
High-school Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against High- 
school Tax." In case a majority of the qualified voters at said 



38 Section 4114. 

election are in favor of said tax, tben so mucli of the tax on 
property and polls herein provided for as in the judgment of the 
committee may be necessary shall be annually levied and collected 
in the manner prescribed for the levy and collection of other 
taxes. All moneys levied under the provisions of this section 
shall, upon collection, be placed by the treasurer of the county 
school fund to the credit of the township high-school committee, 
composed of three members, appointed by the county board of edu- 
cation, and shall be expended exclusively by said committee in 
establishing and maintaining one or more high schools in said 
township, under such rules and regulations as to its conduct and 
such course or coui'ses of study as shall be prescribed by the State 
Superintendent of Public Instruction. The powers, duties and 
qualifications of the committeemen provided for in this section 
shall be similar to those of other school committeemen, and they 
shall have the same power to apportion the funds so raised us is 
conferred upon the county board of education for apportionment 
of the general fund among the schools of the township. And the 
provisions of this section shall not be so construed as to prevent 
the teaching of the elementary branches in such high schools as 
may be established, nor so construed as to prevent the county 
board of education from making such apportionment of public 
school funds to such high schools as they may deem equitable and 
just : Provided, that township high schools may also be estab- 
lished without the levying of a special high-school township tax, 
where the public funds are sufficient for that purpose, under such 
rules and regulations as to organization and course of study as 
the State Superintendent of Public Instruction shall prescribe: 
Provided further, that high-school subjects may be taught in all 
public schools employing more than one teacher, according to such 
rules and regulations as to organization and course of study as 
shall be prescribed by the State Superintendent of Public Instruc- 
tion, where the public funds are sufficient to provide for such 
teaching; but the high-school branches taught in such schools 
shall not interfere with the thorough teaching of the elementary 
branches. 

1905, c. 533, s. 13. 

4114. Special tax may be voted in cities and towns. In every 
incorporated city or town in which there is not now levied a 
special tax for schools, upon a petition signed by one-fourth of the 
freeholders therein, the board of aldermen or town commissioners 
of said city or town shall, at the date of municipal or general 



Section 4115. 39 

election next ensuing, upon ttie presentation of said petition, 
order an election to be held to ascertain the will of the people 
whether there shall be levied in such city or town a special annual 
tax of not more than thirty cents on the one hundred dollars val- 
uation of property and ninety cents on the poll to supplement the 
public-school fund in such city or towp. Said election shall be 
held in the different election precincts or wards under the law 
governing municipal or general elections in said cities or towns. 
At said election those who are in favor of the levy and collection 
of said tax shall vote a ticket on which shall be printed or writ- 
ten the words "For Special Tax," and those who are opposed 
shall vote a ticket on which shall be printed or written the words 
"Against Special Tax." In case a majority of the qualified voters 
at said election is in favor of said tax, the same shall be annually 
levied and collected in such town or city in the manner prescribed 
for the levy and collection of other city taxes. All moneys levied 
under the provisions of this section shall, upon collection, be 
placed to the credit of the town school committee, composed of 
not less than five nor more than seven members, appointed by the 
board of aldermen for said city or town, and shall be by said 
committee expended exclusively upon the public schools in said 
city or town ; and there shall be but one school district in the 
said city or town, in which there may be established one or more 
schools for each race, and the school committee shall apportion 
the money among said schools in such manner as in their judg- 
ment will equalize school facilities. 
1901, c. 4, s. 71. 

4115. Special tax may be voted in special school disteicts. 
Special school-tax districts may be formed by the county board 
of education in any county, without regard to township lines, 
under the following conditions : Upon a petition of one-fourth of 
the freeholders within the proposed special school district, in whose 
names real estate in such district is listed in the tax lists of the 
current fiscal year, endorsed by the county board of education, the 
board of county commissioners, after thirty days' notice at the 
courthouse door and three public places in the proposed district, 
shall hold an election to ascertain the will of the people within the 
proposed special school district whether there shall be levied in 
such district a special annual tax of not more than thirty cents on 
the one hundred dollars valuation of property and ninety cents on 
the poll to supplement the public-school fund which may bo ap- 
portioned to such district by the county board of education in 



40 Section 4115. 

case such special tax is voted. Tlie board of county commis- 
sioners sliall appoint a registrar and two poll holders, and shall 
designate a polling place and order a new registration for such 
district, and the election shall be held in the district under the 
law governing general elections, as near as may be, and the regis- 
trar and poll holders shall canvass the vote cast and declare the 
result, and shall duly certify the returns to the board of county 
commissioners, and the same shall be recorded in the records of 
said board of commissioners : Provided, the expense of holding 
said election shall be paid out of the general school fund of the 
county. At such election those who are in favor of the levy and 
collection of the tax shall vote a ticket on which shall be printed 
or written the words "For Special Tax," and those who are op- 
posed shall vote a ticket on which shall be printed or written the 
words "Against Special Tax." In case a majority of the qualified 
voters at the election is in favor of the tax, the same shall be 
annually levied and collected in the manner prescribed for the 
levy and collection of other taxes. All moneys levied under the 
provisions of this section shall, upon collection, be placed to the 
credit of the school committee in such district, which committee 
shall be appointed by the county board of education, and such 
school committee shall apportion the money among the schools in 
such district in such manner as in its judgment shall equalize 
school facilities. Upon the written request of a majority of the 
committee or trustees of any special-tax district, the county 
board of education may enlarge the boundaries of any special- 
tax district established under this section, so as to include any 
contiguous territory, and an election in such new territory may 
be ordered and held in the same manner as prescribed in this sec- 
tion for elections in special-tax districts ; and in case a majority 
of the qualified voters in such new territory shall vote at such 
election in favor of a special tax of the same rate as that voted 
and levied in the special-tax district to which said territory is 
contiguous, then the new territory shall be added to and become a 
part of the said special-tax district; and in case a majority of 
the qualified voters at such election shall vote against said tax, 
the district shall not be enlarged. Upon petition of one-half of 
the qualified voters residing in any special-tax district established 
under this section, endorsed and approved hy the county hoard 
of education, the hoard of county commissioners shall order anr 
other election in said distinct for submitting the question of re- 
volting said tax and abolishing said district, to be held under the 



Section 4116. 41 

provisions prescribed in this section for holding other elections: 
Provided, that no election for revoking a special tax in any special- 
tax district shall he ordered and held in said district tvithin less 
than tico years from the date of the election at ichich the tax teas 
voted and the district established, nor at any time within less 
than tico years after the date of the last election on said question 
in said district; and if at such election a majority of the qualified 
voters in said district shall vote "Against Special Tax," said tax 
shall he deemed revoked and shall not he levied, and said district 
shall he discontinued: Provided further, that the provisions for 
ordering a new election to revoke a special tax in any special- 
tax district shall not apply to elections in such districts for in- 
creasing or restoring the special tax levy in such district, ichich 
elections may he ordered and held at any time in accordance with 
the provisions of this section for estahlishing new special-tax 
districts. 

1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, 
c. 525. 

4116. Apportionment of school funds ; reservation of con- 
tingent FUND. The county board of education shall, on the first 
Monday in January and the first Monday in July of each j-ear, 
apportion the school fund of the county to the various townships 
per capita ; but it shall, before apportioning the school fund to 
the various townships, reserve as a contingent fund an amount 
sufficient to pay the salary of the county superintendent and 
per diem and expenses of the county board of education, and 
shall set aside one-sixth, if necessary, of the total school fund to 
be used in securing a four-months school term in every school 
in the county ; and may further reserve as a fund for building 
and repairing schoolhouses and for equipment in counties with 
a total school fund of five thousand dollars or less, not more 
than twenty per centum thereof; in counties with a total school 
fund of over five thousand dollars and not more than ten thou- 
sand dollars, not more than sixteen per centum thereof; in coun- 
ties with a total school fund of over ten thousand dollars and not 
more than twenty-five thousand dollars, not more than ten per 
centum thereof; in counties with a total school fund of over 
twenty-five thousand dollars, not more than seven and a half per 
centum thereof, to be used as directed in section four thousand 
one hundred and twenty-four. It shall be the duty of the county 
board of education to distribute and apportion the school money 
of each township so as to give to each school in the township for 
each race the same length of school term, as nearly as may be, 

6 



42 Section 4116. 

each year. In making such apportionment the board shall have 
proper regard for the grade of worli to be done and the qualifica- 
tions of the teachers required in each school for each race. As 
soon as the apportionments are made, it shall be the duty of the 
board to notify the school committeemen and the treasurer of 
the county school fund of the amount apportioned to each school, 
designating each school by number, and stating whether for 
white, colored or Indian, and naming the township and county. 
Funds unused by any district during any year shall, if still unused 
at the January meeting subsequent to the close of the school year, 
be returned to the general school fund for reapportionment, unless 
such district shall have been prevented from using such funds 
during that year by providential or other unavoidable causes. 

1901, c. 4, s. 24; 1903, c. 435, s. 9. 

[No county which does not apportion its school fund according 
to this section can legally ask for aid from the second $100,000. 
The apportionment of the school fund, therefore, strictly accord- 
ing to this section, is highly important. The foUoicing are the 
successive steps to observe: 

1. Determine, first of all, what the total school fund is. 

2. Next reserve the contingent fund to pay the salary of the 
county superintendent and the mileage, per diem and expenses 
of the county hoard. 

3. Reserve, if necessary, what may he needed for building, 
observing that the amount for this purpose is limited according 
to the amount of the total fund. 

4. Ascertain the school population of the whole county, and 
calculate what the per capita is for each child, after deducting 
the sum of the contingent fund and the building fund. 

5. Multiply the per capita thus found by the whole number of 
children in each township, which will give the apportionment due 
each township. 

6. Then fix the salary to be paid the teacher, white or black, 
of each school in each toivnship, and also fix the amount of inci- 
dental expenses for each school. The sum of the salary for the 
term and the incidental expenses will he the apportionment to 
each district. 

7. After this has been done, it can he easily ascertained lohat 
townships, if any, will not have a four-months term,^ and what 
townships, if any, will have more than a four-months term. If 
no township can thus be given a four-months term, the apportion- 
ment is then complete; but if it is found that some townships by 



Section 4116. 43 

this method will have more than a four-months term and some 
less, then as much of the school fund of those townships tvhich 
will have more than a four-months term must be used to secure 
to all the schools of the other townships an increased school 
term hy as much as one-sixth of the total fund apportioned will 
increase it. In other ivords, an amount equal to one-sixth of the 
total fund apportioned as above directed, if necessary, should be 
taken from the apportionment to the stronger townships tvhich 
will have more than a four-months term and used to aid the 
weaker townships to have as nearly as possible a four-months 
term. This reserve fund should be taken pro rata from the 
stronger townships and added to the fund of the loeaker town- 
ships so as to equalise the school term. 

8. If the apportionment made by adhering to the instructions 
in 1 to 6 above tvill result in giving all the schools of all the town- 
ships more than a four-months term, but will give to some toivn- 
ships a much longer term than to others, then it is the spirit of 
the law to use as much as one-sixth of the total fund apportioned 
to equalize the school term in the weaker townships. 

It should always be remembered that no per capita apportion- 
ment of the school fund directly to the district is a legal appor- 
tionment in any county, under this section, and that no other 
method of apportionment than that outlined above is legal and 
equitable. For instance, if one first-grade salary is fixed for a 
district containing sixty-five children of school age, and one first- 
grade salary is fixed for another district containing forty-five 
children of school age in the same township, the apportionment 
to each district would necessarily have to be the same, unless 
there tvas a difference in the necessary incidental expenses or in 
the kind of first-grade teacher to be employed. The law contem- 
plates only an apportionment to the toivnship per capita, and 
then such a distribution of the funds of the township as will give 
each district in the toivnship, large or small in population, tlie 
same length of school term. This cannot be done, unless the 
board fixes the salary to be paid the teacher of each school in 
the toicnship and apportions the school fund of the township ac- 
cordingly. Of course, it would be entirely proper not to fix the 
same salary for every first-grade teacher, without regard to the 
grade of tcork required in each school and the qualifications of 
individual first-grade teachers. What has been said above does 
not apply to special local-tax funds under the control of the school 
committees. And, finally, the term "iceak districts" necessarily ap- 



44 Sections 4117 — IS. 

plies to all the districts of a toicnship, for there can otherwise he 
provided no such equality of school term in the toicnships as this 
section contemplates.] 

4117. Apportionment, basis of. The semiannual apportionment 
of public-school money shall be based upon the amounts actually 
received by the county treasurer from all sources and reported 
by him to the county boax'd of education, as required by this 
chapter. 

1901, c. 4, s. 25. 

4118. Fiscal school yeae. The fiscal school year shall begin 
on the first day of July and close on the thirtieth day of June 
next succeeding. 

1901, c. 4, sec. 67. 

A Decision of tine Superintendent. 

Would the investment of the proceeds of the sale of old school 
property in neic property reduce by the amount of such proceeds 
the part of the general county school fund that may 6e annually 
invested in school huil dings? 

The purpose of limiting the amount of the school fund that can 
be annually expended for school buildings was to prevent the 
hurtful decrease of the school term. Using the proceeds of the 
sale of old school property for new and better property is simply 
exchanging school property, and need not be accounted for in the 
annual apportionment of the school fund of the county. 

VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD 
OF EDUCATION. 

Summary: The county boakd is composed of thkee members 

ELECTED BY THE GENERAL ASSEMBLY. CORPORATE POWERS AS TO AC- 
QUIRING, HOLDING AND DISPOSING OF SCHOOL PROPERTY ARE CONFERRED 
ON THIS BOARD, AND IT HAS ADDITIONAL POWER TO MAKE REGULATIONS 
GOVERNING THE ATTENDANCE OF PUPILS ON THE SCHOOLS AND OF 
TEACHERS ON EDUCATIONAL MEETINGS. THIS BOARD ALSO CONTROLS 
THE TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING AND REPAIR 
OF ALL SCHOOLHOUSES, AND MAY CREATE OR ABOLISH OR CONSOLIDATE 
SCHOOL DISTRICTS. IN ADDITION TO THE EXERCISE OF THE USUAL COR- 
PORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES 
AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY POWER TO ENFORCE 
THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER 
TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF 

THE State Superintendent, and to remove any teacher fob 

IMMORAL conduct. 



Sections 4119 — 20. 45 

4119. Election of ; vacancies in, how filled. The General As- 
sembly of one thousand nine hundred and nine shall appoint three 
men in each county, who shall constitute the county board of edu- 
cation — one for a term of office of two years, one for a term of 
office of four years and one for a term of office of six years. The 
term of office of each shall begin on the first Monday in July next 
succeeding his appointment. Each succeeding General Assembly, 
at its regular session, shall appoint one member of the county 
board of education in place of the member whose term of office 
expires on the first Monday in July next succeeding that meeting 
of the General Assembly, and his term of office shall continue for 
six years from the first Monday in July next succeeding his ap- 
pointment and until his successor is duly appointed and qualified: 
Provided, that the provisions of this section shall not apply to those 
counties in which the county boards of education were, at the geiv- 
eral election of nineteen hundred and eight, elected by vote of the 
people. No person shall be eligible as a member of the county 
board of education who is not knoion to be a man of intelligence, 
of good moral character, of good business qualifications and 
heartily in favor of public education. In case of a vacancy 
in the county board of education, by death, resignation or other- 
wise, such vacancy shall be filled by the remaining mem- 
bers of such county board ; but if such vacancy should remain un- 
filled for thirty days after it occurs, it shall be filled by the State 
Board of Education. Upon failure of the General Assembly to 
appoint one or more members of the county board of education 
for any county as herein provided, such failure shall constitute 
a vacancy, which shall be filled by the State Board of Education; 
Provided, that no person, while actually engaged in teaching in the 
public schools, shall be eligible as a member of the county board 
of education. 

1901, c. 4, s. 12 ; 1903, c. 269, c. 435, s. 3 ; 1905, c. 533, s. 3 ; 1909, 
c. 435. 

4120. Qualification of members ; failure to qualify ; vacancy. 
Those persons who shall be appointed members of the county 
board of education by the General Assembly must qualify by 
taking the oath of office on or before the first Monday in July 
next succeeding their appointment. A failure to qualify within 
that time shall constitute a vacancy, which shall be filled by the 
State Board of Education. Those persons who shall be elected 
or appointed to fill a vacancy must qualify within thirty days 
after notification thereof. A failure to qualify within that time 
shall constitute a vacancy, to be filled by the board which made 
such election or appointment. 



46 Sections 4121—23. 

4121. Incorporated ; powers and duties of. The county board 
of education shall be a body corporate by the name and style of 

the County Board of Education of County, and by 

that name shall be capable of purchasing and holding real and 
personal estate, of building and repairing schoolhouses, of selling 
and transferring the same for school purposes, and of prosecuting 
and defending suits for or against the corporation. It shall have 
power and authority, and it shall be its duty, to institute and 
prosecute any and all actions, suits or proceedings against any 
and all officers, persons or corporations, or their sureties, for the 
recovery, preservation and application of all moneys or property 
which may be due to or should be applied to the support and main- 
tenance of the schools, except in case of a breach of his bond by 
the treasurer of the county school fund, in which case action 
shall be brought by the county commissioners as is hereinafter 
provided. 

1901, c. 4, s. 13 ; 1903, c. 435, s. 4. 

4122. Rules and regulations for schools, teachers and 
PUPILS. The county board of education shall have power and 
authority to fix and determine the method of conducting the 
public schools in their respective counties, so as to furnish the 
most advantageous method of education available to the chil- 
dren attending the public schools in the several counties of the 
State; and such board and the county superintendent of public 
instruction shall have full power to make all just and needful 
rules and regulations governing the conduct of teachers and pupils 
as to attendance on the schools, discipline, tardiness and the 
general government of the schools. 

1903, c. 435, s. 4. 

[Under the provisions of this section the county hoard and the 
county superintendent may make and enforce such attendance 
regulations as may be necessary to secure regular and prompt 
attendance on the part of the children. The same authority may 
also regulate the attendance of teachers on all meetings ichich 
may he thought to promote educational progress.] 

4123. Time of opening and closing schools. The time of open- 
ing and closing the public schools in the several public-school dis- 
tricts of the State shall be fixed and determined by the county 
board of education in their respective counties. The board may 
fix different dates for opening the schools in different townships, 
but all the schools of each township must open on the same date, 
as nearly as practicable. 

1903, c. 435, s. 4. 



Sections 4124—25. 47 

[This section simply means that the school term must not he 
divided and taught during different seasons of the year unless 
some epidemic or other providential cause interferes with the 
regular term. The county hoard must exercise this control if it 
would carry out the provisions of section Jtll6.] 

4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF ; CONTRACTS FOB. 

The building of all new schoolhouses shall be under the control 
and direction of and by contract with the county board of educa- 
tion. The board shall pay not exceeding one-half of the cost of 
the same out of the fund set aside for building, under section four 
thousand one hundred and sixteen, and the school district in 
which any schoolhouse is erected shall pay the other part, and 
upon failure of such district to provide its part by private sub- 
scription, or otherwise, the board is directed to take it out of the 
apportionment to that district; but the board shall not be author- 
ized to invest any money in any new house that is not built in 
accordance with plans approved by the State Superintendent of 
Public Instruction. All contracts for buildings shall be in writing, 
and all buildings shall be inspected, received and approved by 
the county superintendent of public instruction before full pay- 
ment is made therefor. 

1003, c. 435, s. 4. 

[This means that the county hoard, out of the huilding fund 
which it may reserve hy the provisions of section JfUG, shall pay 
not exceeding one-half the cost of huilding any new schoolhouse, 
the other part of the expense to he home hy the district ; hut the 
hoard has com,plete control of the whole suhject, and may forhid 
the erection of a schoolhouse in a district which ought not to exist. 
It must he rememhered that no house can he huilt except in 
accordance ivith plans approved hy the State Superintendent, and 
the county hoard is charged with the duty' of carrying into effect 
this provision to secure neat, comfortahle and attractive houses. 
Pamphlets containing plans of such houses as will he approved 
hy the State Superintendent, together with specifications, esti- 
mates of cost and hills for material, will he furnished hy the 
State Superintendent on application.] 

4125. Power of, to execute school law. In addition to all 
other duties and powers imposed and conferred upon it by law, 
the county board of education shall have general control and 
supervision of all matters pertaining to the public schools in their 
respective counties, and are given the powers to execute and are 
charged with the due execution of the school laws in their respec- 



48 Sections 4126—27. 

tive counties ; and all powers and duties conferred and imposed 
by this chapter and other laws of the State respecting public 
schools which are not expressly conferred and imposed upon some 
other official are conferred and imposed upon the county boards 
of education, and an appeal shall lie from all other county school 
officers to such board. t 

1901, c. 4, s. 14. 

4126. Removal of county superintendent, membees of county 
BOARD AND SCHOOL COMMITTEEMEN. In case the State Superintend- 
ent shall have sufficient evidence at any time that any county su- 
perintendent of public instruction or any member of the county 
board of education is not capable of discharging or is not dis- 
charging the duties of his office, as required by this chapter, or is 
guilty of immoral or disreputable conduct, he shall report the mat- 
ter to the county board of education, which shall hear evidence in 
the case; and if, after careful investigation, it shall find sufficient 
cause for his removal, it shall declare the office vacant at once and 
proceed to elect his successor. Either party may appeal from the 
decision of the county board of education to the State Board of 
Education, which shall have full power to investigate and review 
the decisions of the county board of education. This section shall 
not deprive any county superintendent of the right to try his title 
to his office in the courts of the State. In case the county superin- 
tendent shall have sufficient evidence at any time that any mem- 
ber of any school committee is not capable of discharging or is not 
<lischarging the duties of his office, he shall bring the matter to 
the attention of the county board of education, which shall thor- 
oughly investigate the charges, and shall remove such committee- 
man and appoint a successor, if sufficient evidence shall be pro- 
duced to warrant his removal and the best interests of the schools 
demand it. 

1901, c. 4, ss. 10, 42. 

4127. May hold investigations ; issue subpoenas ; service of 
same; appeal to Superior Court. The county board of education 
shall have power to investigate and pass upon the moral charac- 
ter of any teacher in the public schools of the county, and to dis- 
miss such teacher if found of bad moral character ; also to inves- 
tigate and pass upon the moral character of any applicant for a 
teacher's certificate or for employment as teacher in any public 
school in the county. Such investigation shall be made, after 
written notice of not less than ten days, to the person whose char- 



Sections 4128—29. 49 

acter is to be investigated. The board shall have power to issue 
subpoenas for the attendance of witnesses. Subpoenas may be 
issued in any and all matters which may lawfully come within 
the powers of the board and which in the discretion of the board 
require investigation ; and it shall be the duty of the sheriffs, 
coroners and constables to serve such subpoenas upon payment of 
their lawful fees. Appeals provided for in this chapter shall be 
regulated by rules to be adopted by the board. The Superior 
Courts of the State may review any action of the county board of 
education affecting anyone's character or right to teach. 
1901, c. 4, s. 15. 

4128. Power to punish fob contempt. The county board of 
•education of each county shall have power to punish for contempt 
for any disorderly conduct or disturbance tending to interrupt it 
in the transaction of official business. 

1901, c. 4, s. 28. 

4129. School districts, how formed. The county board of edu- 
cation shall divide the townships into convenient school districts, 
as compact in form as pi^acticable. It shall consult the conven- 
ience and necessities of each race in setting the boundaries of the 
school district for each race, and shall establish no new school in 
any township within less than three miles by the nearest traveled 
route of some school already established in said township, nor 
shall it create any school district with less than sixty-five chil- 
dren of school age, unless such district shall contain at least 
twelve square tniles or shall be separated by dangerous natural 
barriers from a sehoolhouse in the district of xcliich the proposed 
new district is a part. Nothing in this chapter shall prevent the 
board, whenever it shall deem it necessary for the good of the 
public schools, from forming a school district out of portions of 
two or more contiguous townships. School districts may be 
formed out of portions of contiguous counties by agreement and 
consent of the county boards of education of the two counties, and 
in case of the formation of such districts the per capita part of 
the public-school money due the children residing in one county 
shall be apportioned by the county board of education of that 
county and paid to the treasurer of the other county in which the 
sehoolhouse is located, to be placed to the credit of the school dis- 
trict so formed. 

1901, c. 4, s. 29 ; 190.3, c. 435. s. 12 ; 1905, c. 533, s. 7 ; 1909, c. 856. 



50 Sections 4130—31. 

4130. May accept donations ; may sell school property. The 
county board of education may receive any gift, grant, donation 
or devise made for the use of any school within its jurisdiction. 
When in the opinion of the board any schoolhouse, schoolhouse 
site or other public school property has become unnecessary for 
public purposes, it may sell the same at public auction, after ad- 
vertisement of twenty days at three public places in the county, 
or at private sale. The deed for the property thus sold shall be 
executed by the chairman and secretary of the board, and the 
proceeds of the sale shall be paid to the treasurer of the county 
school fund. 

1901, c. 4, ss. 30, 36. 

4131. School sites may be acquired by gift, purchase or con- 
demnation. The county board of education may receive suitable 
sites for schoolhouses by donation or purchase. In case of pur- 
chase, it shall issue an order on its treasurer for the purchase 
money, and upon payment of the order the title to the site shall 
vest in the corporation in fee simple. Whenever the board is un- 
able to obtain a suitable site for a school by gift or purchase, it 
shall report to the county superintendent of public instruction, 
who shall, upon five days' notice to the owner of the land, apply 
to the clerk of the Superior Court of the county in which the land 
is situated for the appointment of three appraisers, who shall lay 
off by metes and bounds not more than two acres, and assess the 
value thereof. The same means may be used to obtain more land 
in a district where there is a house or a site previously obtained, 
but not more than two acres shall be procured, including the site 
already obtained. They shall make a written report of their pro- 
ceedings, to be signed by them or by a maj(^rity of them, to the 
clerk, within five days from their appointment, who shall enter 
the same upon the records of the court. The appraisers and offi- 
cers shall serve without compensation. If the report is confirmed 
by the clerk, the chairman and the secretary of the board shall 
issue an order on the treasurer of the county school fund in favor 
of the owner of the land thus laid off, and upon the payment or 
offer of payment of this order the title to such land shall vest in 
fee simple in the corporation. Any person aggrieved by the action 
of the appraisers may appeal to the Superior Court in term, upon 
giving bond to secure the board against such costs as may be in- 
curred on account of the appeal not being prosecuted with effect. 

1901, c. 4, s. 31 ; 1903, c. 435, s. 13 ; 1905, c. 533, s. 8. 



Sections 4132—34. 51 

[Several acres of land ought alicays to he secured for the site 
of a rural school.] 

4132. Deeds to be filed with cleek ; seceetaby to keep index. 
All deeds to the county board of educatiou shall be registered and 
delivered to the clerk of the Superior Court for safe-keeping, and 
the secretary of the county board of education shall keep an index, 
by township and school districts, of all such deeds in a book for 
that purpose. 

1901, c. 4, s. 32 ; 1903, c. 435, s. 14.' 

, [This section requires the county superintendent to keep a, con- 
venient index of the deeds for all the school property of the 
county.] 

4133. Meetings of; duties at. The county board of education 
shall meet on the first Monday in January, April, July and Octo- 
ber, and may, if necessary, continue in session two days, and it 
may have called meetings, of one day each, as often as once a 
month if the school business of the county require it. It shall, at 
the meetings in January, April, July and October, examine the 
books and vouchers and audit the accounts of the treasurer of the 
county school fund. The boards of education of the several coun- 
ties shall cause to be published annually on the first Monday of 
July the report of the treasurer of the school fund. 

1891, c. 460 ; 1901, c. 4, s. 27 ; 1903, c. 435, s. 26 ; 1905, c. 533, s. 21. 

4134. Supeeintendent and tbea^ubee to meet with, in July, 
TO settle all business of fiscal year. On the first Monday in 
July the county board of education, county superintendent of pub- 
lic instruction and treasurer shall meet at the ofiice of the board 
and settle all the business of the preceding fiscal year. The board 
shall on that day examine the reports of treasurer and county su- 
perintendent, and if found correct shall direct them to be forwarded 
to the State Superintendent within thirty days thereafter. 

1901, c. 4, s. 59; 1903, c. 435, s. 20. 

CoiiPENSATioN OF MEMBERS OF BOARD. The members of the 
county board of education shall receive two dollars per diem and 
the same mileage as is allowed to the members of the board of 
county commissioners of their counties. 

Revisal of 1905, v. I, c. 66, s. 2786. 



52 Selection of County Sxtpebintendent. 

Decision of State Superintendent. 

What is the duty of the county hoard in the selection of a super- 
intendent? 

The board has no more important duty than this, of electing a 
county superintendent. I beg to urge the observance of the fol- 
lowing in the selection of a county superintendent : 

(1) Without fear, without prejudice, political or sectarian, hav- 
ing before your eyes only the welfare of the children and the suc- 
cess of the public schools, select the most competent man to be had 
for the money, choosing him from your county if such a man is 
to be found there, and if not to be found in the county, seeking 
him wherever he can be found, as the law permits. (2) If your 
present county superintendent possesses the necessary qualifica- 
tions for a successful administration of his delicate, difBcult and 
important duties, as I trust he may, re-elect him and give him a 
chance to show what is in him and to make a greater success of 
his work, by paying him, if possible, a sufficient salary, under 
section 2782, to justify him in giving all his time and thought to 
the work of supervision and to justify you in requiring him to do 
this. (3) Take advantage of the law and pay your superintend- 
ent as large a salary as your school fund will justify, but be sure 
that you get more man and more time for more money. 

IX, THE POWERS AND DUTIES OF THE COUNTY 

SUPERINTENDENT. 

• 
Summary: The county supeeintendent is elected for a term 

OF two years by the county board on the first Monday in 

July. He must be a man of liberal education and of good moral 

character, and must also be a practical teacher or have had 

two years' experience in teaching. During the pu:blic-school 

term he must visit the public schools, and he cannot engage 

IN SCHOOL WORK WHICH WILL NULLIFY THIS REQUIREMENT. ThE 
COUNTY SUPERINTENDENT IS SECRETARY OF THE COUNTY BOARD, AND 
MUST HAVE HIS OFFICE AT THE COUNTY SEAT. He IS REQUIRED TO 

hold township teachers' meetings, supervise the work of the 
teachers, attend the state association of county superin- 
tendents, must instruct committeemen as to their duties, 
must distribute the blank forms furnished him by the state 
Superintendent, must make reports to the State Superintend- 
ent, AND he must furnish STATISTICS AS TO THE NUMBER OF DEAF 
AND DUMB AND BLIND CHILDREN IN HIS COUNTY. IF THE COUNTY 



Sections 4135 — 36. 53 

school fund exceeds $15,000 ^nnually, he may be paid such 
salary as the county board may fix ; otherwise, his salary 
may be fixed at four per cent of the disbursements of the 
school fund, or it may be fixed at not less than $3 a day for 
the time actually employed. no voucher in the hands of the 
treasurer of the school fund is a valid voucher unless signed 
by the county superintendent. under certain conditions, the 
county superintendent has charge of the examination and 
certification of teachers. 

4135. Election, qualification and term of office ; vacancy. 
The county board of education, on the first Monday in July, one 
thousand nine hundred and five, and biennially thereafter, shall 
elect a county superintendent of public instruction, who shall be 
at the time of his election a practical teacher, or who shall have 
had at least two years' experience in teaching school, and who 
also shall be a man of liberal education, and shall otherwise be 
qualified to discharge the duties of his office as required by law, 
due regard being given to experience in teaching. Such superin- 
tendent must be of good moral character, and shall hold his office 
for a term of two years from the date of his election and until his 
successor is elected and qualified. Any person who has filled the 
office of county superintendent for four years next preceding the 
eleventh day of March, one thousand nine hundred and one, shall 
be eligible to such office in Bertie and Bladen and Columbus coun- 
ties, if the election of such person meets the approval of the State 
Board of Education. In case of vacancy, by death, resignation, or 
otherwise, in the office of county superintendent, such vacancy 
shall be filled by the county board of education. 

1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 

[The county superintendent's office is the most important office 
in the county. He need not be a resident of the county ichen 
elected. If possible, he should be paid large enough salary to en- 
able him to devote all his time to his icork.] 

4136. Report of election of, to State Superintendent. Imme- 
diately after the election of the county superintendent of public 
instruction the chairman of the county board of education shall 
report to the State Superintendent of Public Instruction the name, 
address, experience and qualifications of the person elected ; and 
the person elected shall report to the State Superintendent, as 
soon as he shall have qualified, the date of such qualification. 

1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 



54 Sections 4137—39. 

4137. Districts in cities and towns may jointly employ. By 
and with the consent of the county board of education, the school 
committees of two or more contiguous districts in any city or 
town may, by a majority vote of the committee in each district, 
employ a practical teacher, who shall be known as the superin- 
tendent of the public schools of such districts, and he shall per- 
form all the duties of the county superintendent of public instruc- 
tion as to such districts, and shall make to the county superin- 
tendent all reports that may be necessary to enable him to make 
his reports to the State Superintendent. 

1889, c. 199, s. 47 ; 1901, c. 4, s. 74. 

4138. Not to teach school; to beside in the county. Every 
county superintendent shall reside in the county of which he is 
superintendent. It shall not be lawful for any county superin- 
tendent to teach a school while the public schools of his county 
are in session ; but the State Board of Education may, for good 
and sufficient reason, permit a county superintendent to so teach. 

1901, c. 4, s. 44. 

4139. Ex OFFICIO secretary to the board ; records to be kept. 
The county superintendent of public instruction shall be ex officio 
the secretary of the county board of education. He shall record 
all proceedings of the board, issue all notices and orders that may 
be made by the board pertaining to the public schools, school- 
houses, sites or districts (which notices or orders it shall be the 
duty of the secretary to serve by mail or by personal delivery, 
without cost), and record all school statistics, look after all for- 
feitures, fines and penalties, see that the same are placed to the 
credit of the school fund, and report the same to the board. The 
board shall provide the county superintendent with an office at 
the county seat, in the county courthouse, if possible, and with a 
suitable book in which to keep the records required by this section. 
The records of the board and the county superintendent shall be 
kept in the office provided for that purpose by the board. 

1901, c. 4, s. 36. 

[It is very important to keep full and accurate records and to 
look closely after the proper disposition of all fines, forfeitures 
and penalties. An account book will be furnished oti application 
to the State Superintendent. The superintendent should report to 
the solicitor all failures to apply the moneys from fines, etc., to 
their proper purpose.] 



Sections 4140 — 42. 55 

4140. To HOLD teachers' meetings. The county superintendent 
shall each year hold not less than one teachers' meeting in each 
township, which the teachers shall be required to attend. If nec- 
essary, one school day must be set apart for this purpose. 

1901, c. 4, s. 38 ; 1903, c. 435, s. 17. 

4141. Must advise and may suspend teachebs ; must attend 
State Association of Superintendents. It shall be the duty of 
the county superintendent to advise with the teachers as to the 
best methods of instruction and school government, and to that 
end he shall keep himself thoroughly informed as to the progress 
of education in other counties, cities and States. He shall have 
authority to correct abuses, and to this end he may, with the con- 
currence of a majority of the school committee, suspend any 
teacher who may be guilty of any immoral or disreputable con- 
duct or may prove himself incompetent to discharge efficiently the 
duties of a public-school teacher or who may be persistently neg- 
lectful of such duties. The county superintendent shall be re- 
quired to visit the public schools of his county while in session, 
and shall inform himself of the condition and needs of the various 
schools within his jurisdiction. Unless providentially hindered, 
he shall attend continuously during its session the annual meet- 
ing of the State Association of County Superintendents, and the 
county board of his county shall pay out of the county school 
fund his traveling expenses and allow him his per diem while 
attending such meeting ; but county superintendents employed on 
salary shall not receive any per diem while in attendance on such 
meeting. 

1901, c. 4, s. 39 ; 1903, c. 435, s. 18 ; 1905, c. 533, s. 10. 
[It is mandatory that the county superintendent visit the schools, 
and county boards of education must obey this law.] 

4142. Must distribute blanks and books and advise commit- 
tees. It shall be the duty of the county superintendent to dis- 
tribute to the various school committees of his county all such 
blanks as may be furnished by the State Superintendent of Public 
Instruction for reports of school statistics of the several districts ; 
also blanks for teachers' reports and for orders on the treasurer 
of the county school fund for teachers' salaries. He shall also dis- 
tribute to the school committees school registers for their respec- 
tive districts and necessary record books ; he shall advise with 



56 Skctions 4143 — 44. 

the committee as to the best methods of gathering the school sta- 
tistics contemplated by such blanlcs, and by all proper means shall 
seek to have statistics fully and properly reported. 

1901, c. 4, s. 40. 

414.3. Must make reports to State Superintendent. It shall 
be the duty of each county superintendent, on or before the first 
Monday in July of each year, to report to the State Superintend- 
ent of Public Instruction an absti-act statement of the number, 
grade, race and sex of the teachers examined and approved by 
him during the year; also the number of public schools taught in 
the county during the year for each race, the number of children 
of school age in each school district, the number enrolled in each 
district, the average daily attendance in each district, by race and 
sex, and the number of all persons in the county between the ages 
of twelve and twenty-one who cannot read and write. He shall 
also report, by race and sex, the number of pupils enrolled in all 
the schools, their average attendance, the average length of terms 
of the schools and the average salary for the teachers of each 
race ; the number of school districts for each race, and any new 
school districts laid out during the year shall be specified in his 
report. He shall also report the number of public-school houses 
and the value of the public-school property for each race, the num- 
ber of teachers' institutes held, the number of teachers attending 
such institutes, together with such suggestions as may occur to 
him promotive of the school interest of the county. He shall 
record in his book an accurate copy of such report. If any county 
superintendent fail or refuse to perform any of the duties required 
of him by this chapter, he shall be subject to removal from his 
office by the county board of education upon the complaint of the 
State Superintendent of Public Instruction. 

1901, c. 4, s. 41. 

[Copies of all reports made should be recorded in the record 
l)Ook of the county hoard for futicre reference. It icould ie well 
to record also the treasurer's report.} 

4144. To report as to deaf and dumb and blind children. It 
shall be the duty of the county superintendent to require of the 
school committees, in enumerating the number of school children, 
to make a statement in the report of the number of deaf and 
dumb and blind between the ages of six and twenty-one years, 
designating the race and sex, and the address of the parent or 
guardian of such children ; and the county superintendents are 



Section 4144. 57 

hereby required to furnish such information to the principals of 
the deaf and dumb and blind institutions ; and the Superintendent 
of Public Instruction, in preparing blanks for reports required to 
be made to him, shall include questions the answers to which will 
furnish the information required by this section. 

1901, c. 4, s. 43. 

Salary of county superintendent. The salary of the county 
superintendent of schools shall be fixed by the county board of 
education. It shall not be less than three dollars per day while 
engaged in the service of the public schools. The county board 
of education may fix an annual salary not to exceed four per cent 
of the disbursements for schools under his supervision. The 
county board of education of any county whose total school fund 
exceeds fifteen thousand dollars may employ a county superin- 
tendent, for all of his time, at such salary as may be fixed by said 
board. 

Revisal of 1905, v. I, c. 66, s. 2782. 

X. THE POWERS AND DUTIES OF THE SCHOOL 
COMMITTEE. 

Summary: The school committee is composed of three per- 
sons, APPOINTED BY THE COUNTY BOARD, ON THE FIRST MONDAY IN 

July, for a term of two years. These may be township or dis- 
trict committeemen, as the COUNTY BOARD MAY DETERMINE. THE 
committee must TAKE THE SCHOOL CENSUS, FOR WHICH THE COM- 
PENSATION IS TWO CENTS FOR EACH NAME, BUT TOWNSHIP COMMIT- 
TEEMEN MAY ELECT TO BE PAID ONE DOLLAR A DAY FOR FOUR DAYS 
ANNUALLY INSTEAD. EACH SCHOOL COMMITTEE MUST ELECT A CHAIR- 
MAN AND A SECRETARY, AND KEEP AN ACCURATE RECORD OF ALL ITS 
PROCEEDINGS, AND CONTROL AND CABE FOR THE PUBLIC-SCHOOL PROP- 
ERTY IN THE PUBLIC INTEREST. ThE COMMITTEE IS ALSO CHARGED 
WITH ASCERTAINING THE NUMBER OF DEAF AND DUMB -AND BLIND 
CHILDREN, AS WELL AS THE NUMBER OF ILLITERATE CHILDREN, BE- 
TWEEN THE AGES OF TWELVE AND TWENTY-ONE, EACH YEAR. THE 
SCHOOL COMMITTEE CANNOT EXPEND ANY MONEY APPORTIONED FOR 
INCIDENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD ; 
AND THEY MUST KEEP AN ACCURATE RECORD OF THE EMPLOYMENT OF 
TEACHERS AND OF ANY SPECIAL FUNDS DISBURSED BY THEM. THEY 
ARE PROHIBITED FROM OVERDRAWING THE AMOUNT APPORTIONED FOR 
TEACHERS' SALARIES, AND FROM MAKING A CONTRACT BEYOND THEIR 
TERM OF OFFICE. CONTRACTS WITH PRIVATE SCHOOLS MAY BE MADE, 
BY WHICH THE PUBLIC SCHOOL MAY BE TAUGHT IN CONNECTION 



58 Section 4145. 

with such schools. no money for district expenses of any 
kind ob for the salaries of teachers may be paid by the county 
treasurer except on an order signed by a majority of the com- 
MITTEE. 

4145. Qualifications and election of; care taken of school- 
HousES. The county board of education of each county shall, on 
the first Monday in July, one thousand nine hundred and five, and 
biennially thereafter, appoint in each of the townships of the 
county three intelligent men of good business qualifications, who 
are known to be in favor of public education, who shall serve for 
two years from the date of their appointment as school committee- 
men in their respective townships and until their successors are 
elected and qualified. If a vacancy shall occur at any time, by 
death, resignation or otherwise, it shall be the duty of the county 
board of education to fill such vacancy. Such board shall have the 
power to pay out of the reserve school fund to each member of 
the township committee thus appointed one dollar per day for not 
more than four days per annum. Such township committee must 
take the census in their township by districts, and shall be paid 
for taking the same at the rate of two cents per name, and may 
be paid each one dollar per day for not exceeding four days each 
year for such additional services ag map he rendered hy the com- 
mittee in the discharge of their legal duties. Every township com- 
mittee shall appoint one man in each school district in the town- 
ship to look after the schoolhouse and property and advise with 
the committee. The county board of education in each county 
may, if it deem best, biennially, on the first Monday in July, in- 
stead of electing township committeemen, elect for each school of 
the several townships three school committeemen of intelligence 
and good business qualifications who are known to be in favor of 
public education, who shall serve for two years from date of their 
appointment as committeemen and until their successors are 
elected and qualified. If a vacancy should occur at any time, by 
death, resignation or otherwise, it shall be the duty of the county 
board of education to fill such vacancy; and in case such school 
committeemen shall be elected as above, all the powers and duties 
conferred under this chapter on the towns'hip committeemen shall 
vest in such committeemen of the several schools of the township, 
who shall serve without compensation. 

1901, c. 4, s. 17 ; 1903, c. 4.35, s. 6 ; 1905, c. 533, ss. 17, IS ; 1909, 
e. 769. 

[The committee system should ie uniform; there should be 
township committeemen only in a county, or only district com- 



Sections 4146 — iS. 59 

mitteemcn. Those counties ichich have adopted the township sys- 
tem find it much the more satisfactory. This is the experience of 
other States. The general adoption of the township system in this 
State would therefore &e greatly desirable.] 

4146. To ELECT CHAIEMAN AND SECKETAEY ; APPEALS FROM. The 

school committee, as soon as practicable after their election and 
qualification, not to exceed twenty days, shall meet and elect from 
their number a chairman and secretary, and shall keep a record 
of their proceedings in a book to be kept for that purpose. The 
name and address of the chairman and secretary shall be reported 
to the county superintendent of public instruction and recorded 
by liim. 

1901, c. 4, s. 18. 

[A record book for committeemen will be supplied by the county 
superintendent.] 

4147. Powers and duties as to school property. The school 
committee shall be entrusted with the care and custody of all 
schoolhouses, schoolhouse sites, grounds, books, apparatus or other 
public-school property in the township, with full power to control 
the same, as they may deem best for the interest of the public 
schools and the cause of education. 

1901, c. 4, s. 19. 

4148. Census to be taken ; reports ; deaf and dumb, blind and 
illiterates to be reported. The school committee is required to 
furnish to the county superintendent a census report of all the 
pupils of school age in their township or district, by name, age, 
sex and race ; also the names of their parents or guardians. The 
blanks upon which such reports are to be made shall be furnished 
to. the various school committees by the county superintendent on 
the first Monday in August in each year, which report shall be 
duly sworn to by each one of the committee and returned to the 
county superintendent on or before the first Monday in September 
of each year, and any committee failing to comply with the pro- 
visions of this section without just cause shall be subject to re- 
moval. The school committee shall be allowed a sum not exceed- 
ing two cents per name for all names reported between the ages 
of six and twenty-one. The committee shall also report to the 
county superintendent, who shall in turn report to the county 
board of education, the number of public-school houses and the 
value of all public-school property for each race separately, and 
furnish to the teacher at the opening of the school a complete 



60 Sections 4149—51. 

copy of the census furnished to the county superintendent, which 
shall be recorded by the teacher in a register containing the name 
and age of each pupil of school age in that district. They shall 
also report, by race and sex, the number of all persons between 
the ages of twelve and twenty-one who cannot read and write, and 
the number of deaf and dumb and blind between the ages of six 
and twenty-one years, designating the race and sex, and the ad- 
dress of the parents or guardians of such children. 
190], c. 4, ss. 20, 43 ; 1901, c. 3, s. 1 ; 1903, c. 435, s. 7. 

4149. To KEEP A EECORD OF RECEIPTS AND EXPENDITURES ; PURCHASE 

SUPPLIES. The school committee for each township or district 
shall keep a book in which shall be i*ecorded an itemized state- 
ment of all moneys apportioned to, received and expended by them 
for each school, and a copy of all contracts made by them with 
teachers. The committee shall have authority to purchase the 
supplies necessary for conducting the schools and for repairs, to 
an amount not to exceed in the aggregate the sum of twenty-five 
dollars in any one year for each school ; but nothing in this section 
shall be so construed as to give school committees the right to 
make expenditures without the order of the county board. 

1901, c. 4, ss. 21, 35 ; 1905, c. 533, s. 19. 

[The county superintendent should furnish the committeemen 
a record 'book to keep their accounts.'] 

4150. Must not overdraw. No committee shall give an order 
unless the money to pay it is actually to the credit of the district, 
and no part of the school fund for one year shall be used to pay 
school claims for any previous year. 

1901, c. 4, s. 34; 1903, c. 435, s. 16. 

4151. Private schools, committee may contract with ; effect. 
In any school district where there may be a private school regu- 
larly conducted for at least six months in the year, unless such 
private school is a sectarian or denominational school, the school 
committee may contract with the teacher of such private school 
to give instruction to all pupils between the ages of six and 
twenty-one years in the branches of leai'ning taught in the public 
schools, as prescribed in this chapter, without charge and free of 
tuition ; and such school committee may pay such teacher for such 
service out of the public-school fund apportioned to the district, 
and the agreement as to such pay shall be arranged between the 
committee and teacher. Every teacher of the public-school branches 
in such school shall obtain a first-grade certificate before begin- 



Section 4151. 61 

ning his or her work, and shall from time to time make such re- 
ports as are required of other teachers under this chapter. The 
county superintendents of public instruction shall have the same 
authority in respect to the employment and dismissal of teachers 
under this section, and in every other respect, as is conferred in 
other sections of this chapter ; and all contracts made under this 
section shall designate the minimum length of the public-school 
term, which shall not be less than the average length of the pub- 
lic-school term of the county of the preceding year. The amount 
paid such private school for each pupil in the public-school 
branches, based on the average daily attendance, shall not exceed 
the regular tuition rates in such school for such branches of 
study. Every school to which aid shall be given under this chapter 
shall be a public school, to which all children living within the 
district between the ages of six and twenty-one years shall be 
admitted free of charge for tuition: Provided, that in case of 
contract with the teacher of a private school, under this section, 
tuition may be charged for instruction in higher branches of study 
not mentioned in section four thousand and eighty-seven, if the 
apportionment of funds for the public school of the district would 
in the opinion of the county board of education be insufficient to 
provide instruction in these higher branches of study if the public 
school were taught separately. The committee may admit pay stu- 
dents over twenty-one years of age. 

1901, c. 4, ss. 33, 65 ; 1903, c. 435, s. 15 ; 1905, c. 533, s. 12. 

XI. THE TREASURER OF THE SCHOOL FUND. 
Summary: The county teeasueeb is teeasueee of the school 

FUND, AND HE MUST GIVE A SEPAEATE BOND FOB THE FAITHFUL DIS- 
CHAEGE OF HIS DUTIES. He IS ALSO EEQUIBED TO KEEP AN ITEMIZED 
EECOBD OF HIS EECEIPTS AND DISBURSEMENTS OF THE SCHOOL FUND, 
AND TO PAY NO ORDER FOR MONEY UNLESS PROPERLY SIGNED BY THE 
COMMITTEE AND COUNTY SUPERINTENDENT. THE TEEASUEEB IS ALSO 
BEQUIRED TO BE IN HIS OFFICE ON THE LAST SaTUEDAY OF EACH 

month, and to keep an account with each township and school 
distbict. Annually he must bepobt to the State Supeeintend- 

ENT AND to THE COUNTY BOAED, SETTING FOETH ALL THE MONEY 
TBANSACTIONS OF THE YEAB. THE COUNTY BOAED MAY EEQUIEE EE- 
POETS OFTENEB THAN ONCE A YEAB. FaILUEE TO MAKE PBOPEB EE- 
POBTS CONSTITUTES A MISDEMEANOE. THE COMPENSATION OP THE 
TEEASUEEB IS TO BE FIXED BY THE COUNTY BOAED, NOT TO EXCEED 2 PEB 
CENT OF HIS DISBUESEMENTS. 



62 Section 4152. 

4152. County treasurer made treasurer of school fund ; bond. 
The county treasure!* of each county shall receive and disburse all 
public-school funds, and shall Iceep the same separate and distinct 
from all other funds; but before entering upon the duties of 
his office he shall execute a justified bond, with security, in an 
amount to be fixed by the board of county commissioners, not 
less than the moneys received by him or by his predecessor during 
the previous year, conditioned for the faithful performance of his 
duties as treasurer of the county school fund, and for the pay- 
ment over to his successor in office of any balance of school moneys 
that may be in his hands unexpended. The bond of the treasurer 
of the county school fund shall be a separate bond, not including 
liabilities for other funds, and shall be approved by the board of 
county commissioners, and that board may from time to time, 
if necessary, require him to strengthen his bond. 

Compensation of county treasurer for receiving and dis- 
bursing SCHOOL funds. The county treasurer shall receive as com- 
pensation in full for all services required of him such a sum, not 
exceeding one-half of one per cent on moneys received and not ex- 
ceeding two and a half per cent on moneys disbursed by him, as 
the board of county commissioners of the county may allow. As 
treasurer of the county school fund he shall receive such sum as 
the board of education may allow him, not exceeding two per cent 
on disbursements: Provided, that in counties where his compen- 
sation cannot exceed the sum of two hundred and fifty dollars the 
said treasurer may be allowed a sum not exceeding two and a 
half per cent on his receipts and his disbursements: Provided 
furtlier, that the County Treasurer of Buncombe County shall re- 
ceive as compensation in full for all services required of him 
seventeen hundred and fifty dollars per annum, paid pro rata from 
the county fund and the school fund. The County Treasurer of 
Gaston County shall receive as compensation in full for all serv- 
ices required of him a yearly salary not exceeding twelve hundred 
dollars, to be fixed by the commissioners of said county. The 
County Treasurer of Mecklenburg County shall receive as com- 
pensation in full for all services required of him a yearly salary 
not exceeding twenty-seven hundred and fifty dollars, to be fixed 
by the commissioners of said county ; said salaries to be in lieu 
of all commissions allowed by law. The Treasurer of Martin 
County shall receive as his commission two and one-half per cent 
on all money received by him as general county fund and two and 



Sections 4153 — 55. 63 

one-half per cent on all money disbursed by him as general county 
fund. Commissions on school fund shall remain as already pro- 
vided for by law. 

1901, c. 4, ss. 46, 47 ; Revisal 1905, c. 66, s. 2878. 

4153. Bond, action on. The board of county commissioners 
shall bring action in the name of the State upon the relation of 
such board for any breach of the bond of the treasurer of the 
county school fund, and on its failure to bring such action it may 
be brought in the name of the State on the relation of any tax- 
payer. 

1901, c. 4, s. 47. 

4154. To KEEP DETAILED ACCOUNT OF RECEIPTS ; TO ACCEPT MONEY 

ONLY. The treasurer of the county school fund shall keep a book 
in which shall be entered a full and detailed account of all public- 
school moneys received by him, the name of each person paying 
him school money, the source from which the same may have been 
derived, and the date of such payment. In his settlement with 
the sheriff or other collecting officer of public-school funds the 
treasux'er shall receive money only. 
1901, c. 4, s. 52. 

4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Every 

order for the payment of a teacher's salary, for building, repairs, 
school furnishing or for the payment of money for any purpose 
whatsoever, before it shall be a valid voucher for the county 
treasurer, shall be signed first by at least two members of the 
school committee, then by the county superintendent. No order 
shall be signed by the county superintendent for more money 
than is to the credit of that district for the fiscal year, nor shall 
he endorse the order of any teacher who does not produce a cer- 
tificate as required by law. The treasurer shall not pay any 
school money for building or repairing any schoolhouse unless 
the site on which it is located has been donated to or purchased 
by the county board of education and the deed for the same 
regularly executed and delivered to such board and probated and 
registered in the office of the register of deeds for the county 
and delivered to the clerk of the Superior Court, to be by him 
safely deposited with his valuable official papers and surrendered 
to his successor in office. 
1901, c. 4, s. 48. 



64 Sections 4156 — 59. 

4156. To BE AT HIS OFFICE ON LAST SaTUEDAY IN MONTH. The 

treasurer of the county school fund shall, on the last Saturday 
of each month, attend at his office for the purpose of paying 
school orders, but this shall not prevent the payment of orders 
at other times. 
1901, c. 4, s. 58. 

4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; 

ANNUAL KEPOET OF BALANCES. It Shall be the duty of the treasurer 
of the county school fund to keep a book in which he shall open 
an account with each township in the county, showing the amount 
apportioned to such township by the county board of education. 
He shall also open an account with each school district, showing 
the amount apportioned to such district. He shall record all pay- 
ments of school money, giving the date, the amount, the person 
to whom paid and for what purpose paid. He shall balance the 
account of each township and district annually on the thirtieth 
of June, and shall report by letter or printed circular, within ten 
days thereafter, such balances to the county board of education 
and to the school committee. 
1901, c. 4, s. 49. 

4158. To EEPOET ANNUALLY TO StATE SUPERINTENDENT AND TO 

COUNTY BOARD. The treasurer of the county school fund shall re- 
port to the State Superintendent of Public Instruction on the first 
Monday of August of each year the entire amount of money 
received and disbursed by him during the preceding school year, 
designating by items the amounts received, respectively, from prop- 
erty tax, poll tax, liquor licenses, fines, forfeitures and penalties, 
auctioneers, estrays, from State Treasurer and from other sources. 
He shall also designate by item the sum paid to teachers of each 
race, respectively, for schoolhouses, school sites in the several dis- 
tricts, and for all other purposes, specifically and in detail, by 
item, and on the same date he shall file a duplicate of such report 
in the office of the county board of education. He shall make 
such other reports as the coimty board of education of the county 
may require from time to time. Whenever the sheriff or other 
collecting officer pays over money to the treasurer of the school 
fund he shall designate the items as indicated in this section, 
and these items shall be stated in the receipts given by the treas- 
urer. 

1901, c. 4, ss. 51, 56. 

4159. Duties on expiration of his teem. Each treasurer of 
the county school fund, in going out of office, shall deposit in the 



Section 4160. 65 

office of the board of education of his county his books in which 
are kept his school accounts, and all records and blanks pertain- 
ing to his office. If the term of office of any treasurer shall expire 
on the thirtieth day of November during any fiscal school year, 
or if for any reason he shall hold office beyond the thirtieth day 
of November and not for the whole of the current fiscal school 
year, he shall at the time he goes out of office file with the county 
board of education and with his successor a report, itemized, as 
required by the next preceding section, covering the receipts and 
disbursements for that part of the fiscal school year from the 
thirtieth of June preceding to the time at which he turns over 
the office to his successor, and his successor shall include in his 
report to the State Superintendent the receipts and disbursements 
for the current fiscal year. 
1901, c. 4, ss. .57, 58. 

4160. To EXHIBIT BOOKS, VOUCHERS AND MONEY TO COUNTY BOARD. 

The treasurer of the county school fund shall, when required by 
the county board of education, produce his books and vouchers 
for examination, and shall also exhibit all moneys due the public- 
school fund of the county at each settlement required by this 
chapter. 

1901, c. 4, s. 50. 

Treasurer failing to report. If any treasurer of the county 
school fund shall fail to make reports required of him at the time 
and in the manner prescribed, or to perform any other duties 
required of him by law, he shall be guilty of a misdemeanor and 
be fined not less than fifty dollars and not more than two hundred 
dollars or imprisoned not less than thirty daj's nor more than six 
months, in the discretion of the court. 

Revisal of 1905, v. I, c. 81, s. 3839. 

XII. PRIVILEGES AND DUTIES OF TEACHERS, 

Summary: All teachers are employed by the school com- 
mittee, BUT cannot be dismissed EXCEPT FOR CAUSE, AFTER WRITTEN 
charges have BEEN PREFERRED AND AN INVESTIGATION HELD. No 
CONTRACT IS LEGAL UNLESS IT WAS ENTERED INTO WITH THE COM- 
MITTEE AT A REGULARLY CALLED MEETING, AND UNLESS THE CON- 
TRACT DOES NOT EXTEND BEYOND THE TERM OF OFFICE OF THE COM- 
MITTEE, AND UNLESS THE COMPENSATION WHICH THE CONTRACT 
NAMES IS WITHIN THE SALARY LIMIT PRESCRIBED BY THE COUNTY 
BOARD FOR THE PARTICULAR SCHOOL CONTRACTED FOR. THERE ARE 
THREE KINDS OF CERTIFICATES THE ORDINARY CERTIFICATE OF THREE 



66 Section 4161. 

grades granted by the county superintendent ; the five-year 
State certificate, with a minimum salary of $35 per month to 
the holder, and the high-school certificate, with a minimum 

SALARY OF $40 PER MONTH TO THE HOLDER. THE StATE AND THE 

high-school certificates are grantbjd by the state board of 
Examiners. The first-grade certificate given by the county 
superintendent entitles the holder to teach for two years ; 
the second-grade certificate entitles the holder to teach one 
year and limits the holder's salary to $2-5 per month. hold- 
ers of third-grade certificates can be employed only as assist- 
ANTS. All teachers must be IS years of age. No diploma of any' 
college or normal school gives its holder the right to teach. 
Every teacher must keep certain records and make certain 
reports before he can collect his salary, as well as encour- 
AGE morality and GOOD ORDER AND MAINTAIN DISCIPLINE. EVERY 

teacher is required once every two years to attend the county 
institute, if held. immoral and willfully disobedient pupils 
may be dismissed by the teacher. there is no regulation for- 
bidding corporal punishment. 

4161. School committee to employ and dismiss teachers ; no- 
tice ; contracts. The school committee shall have authority to 
employ and dismiss teachers, but no teacher shall be dismissed 
until charges shall have been filed in writing with the county 
superintendent, and after a hearing shall have been had before the 
committee of the district in which such teacher is teaching, after 
two days' notice to such teacher. The committee shall meet at con- 
venient times and places for the employment of teachers for the 
public schools, and no teacher shall be employed by any committee 
except at a regularly called meeting of such committee, due notice 
of such meeting having been given at three public places by the 
committee. The county superintendent shall be notified at once by 
the secretary of the committee of the name of the teacher elected, 
and a copy of the contract, duly signed and recorded, shall be filed 
with the county superintendent ; and no voucher for the salary of 
a teacher of any school shall be signed by any county superin- 
tendent unless a copy of such teacher's contract has been filed with 
him as herein provided, and unless he shall have received satisfac- 
tory evidence that such teacher has been elected in strict accord- 
ance with this section. No contract for teachers' salaries shall be 
made during any year to extend beyond the term of office of the 
committee, nor for more money than accrues to the credit of the 
district for the fiscal year during which the contract is made. 

1901, c. 4, ss. 20, 22, 34 ; 1901, c. 3. s. 1 ; 1903, c. 435, ss. 7, 16. 



Section 4162. 67 

4162. Examination ; peoficiency ; grades. On the secoucl Thurs- 
day of July and October of every year the county superintendent 
of schools of each county shall publicly examine all applicants of 
good moral character for teachers' certificates on all subjects re- 
quired to be taught in the public schools, and also on the theory 
and practice of teaching ; and the county superintendent may con- 
tinue the examination from day to day, if necessary, until all 
applicants have been examined ; and, with the approval of the 
county board of education, he may, after giving at least ten days' 
notice, hold public examinations on two other dates during the 
year. All examinations of teachers shall be held at the county 
courthouse, but for the convenience of teachers the county superin- 
tendent may designate another place: Provided due notice of the 
time and the place shall have been given. No private examination 
of applicants for teachers' certificates shall be given by the county 
superintendent unless a reasonable excuse shall be rendered for 
failure to attend the public examination ; and for every private 
examination each applicant for a certificate shall pay in advance 
to the county superintendent a fee of three dollars, to be paid by 
him to the treasurer of the county school fund, to be placed to the 
credit of the general school fund of the county. A general average 
of ninety per cent and over shall entitle the applicant to a first- 
grade certificate; a general average of eighty per cent and less 
than ninety per cent shall entitle the applicant to a second-grade 
certificate, and a general average of seventy per cent and less than 
eighty per cent shall entitle the applicant to a third-grade certifi- 
cate. No certificate shall be valid except in the county in which it 
is issued. First-grade certificates shall be valid for two years 
from date of issue ; other grades of certificates shall be valid for 
only one year and shall not be renewed except upon examination. 
The county superintendent may invite competent persons to assist 
in the examination of applicants for certificates, and he shall file 
in his office a copy of all examination questions, and also preserve 
for at least one year the examination papers and grades of all ap- 
plicants for certificates, and upon request of the State Superintend- 
ent of Public Instruction he shall send all examination papers 
and their gradation and a copy of all examim^tion questions to 
the office of the State Superintendent of Public Instruction : Pro- 
vided, that the State Superintendent of Public Instruction, in lieu 
of the provisions of this section in reference to the examination, 
the gradation and the certification of teachers, may in his discre- 
tion provide for a uniform system of gradation, examination and 



68 Section 4162. 

certification of public-school teachers, prescribing the examination, 
the time and manner of conducting the same, and also for making 
provision for the classification of teachers' certificates into pri- 
mary, intermediate and high school. 

In addition to the three grades of certificates herein provided, a 
certificate known as State certificate, signed by the State Super- 
intendent and Board of Examiners, hereinafter provided, shall be 
issued to any person who upon examination by said board of ex- 
aminers shall make a general average of not less than ninety per 
cent. Said examination shall be in writing and may be conducted 
before the county superintendent of public instruction in any 
county or before any person selected by said board of examiners, 
under such rules and regulations as said board may adopt, but 
the questions for such examination shall be furnished by said 
board of examiners, and said board shall meet at the call of the 
State Superintendent of Public Instruction to examine and grade 
all papers submitted by applicants for such State certificate. The 
State Superintendent of Public Instruction shall be ex officio chair- 
man of said board, and all persons who desire to be examined 
for a State certificate shall file an application with the State Super- 
intendent of Public Instruction, who shall notify such person when 
and where such examination will be held : Provided, that no per- 
son shall be permitted to stand such examination without first 
filing with the State Superintendent of Public Instruction a state- 
ment from the county superintendent of public instruction of the 
county in which said applicant last taught that said applicant holds 
a first-grade certificate and has taught successfully at least one 
year. Said State certificate shall be valid in any county in the 
State, and no other examination or certificate as a prerequisite 
for teaching a public school shall be required of any pei'son holding 
such State certificate for a period of five years from the date of 
issue of said State certificate, and the minimum salary paid to 
any teacher holding such State certificate shall be thirty-five dol- 
lars per month. Said board of examiners, under the direction of the 
State Superintendent of Public Instruction, shall examine all teach- 
ers who apply to the State Superintendent for a high-school teach- 
er's certificate, and said examination shall be conducted in the 
same manner as the examination for State certificates, as herein 
provided. Said State Board of Examiners shall consist of not 
less than three (3) and not more than five (5) practical school 
teachers, who shall be appointed by the State Board of Education 
upon the recommendation of the State Superintendent of Public 
Instruction, and they shall hold oflice for a term of four (4) years ; 



Section 4163. 69 

and the members of said board actually serving shall be paid a 
per diem of four (4) dollars per day during the time that they 
are actually engaged, not to exceed fifteen (15) days annually, and 
in addition shall be repaid all money actually expended by them 
in payment of necessary expenses while so engaged, to be paid 
out of the public fund, and they shall make out and swear to an 
itemized statement of such expenses : Provided, that the State 
Superintendent of Public Instruction shall not be allowed any per 
diem for services as chairman of said board of examiners. 

1905, c. 533, s. 9 ; 1901, c. 4, s. 37. 

[No private examination should he given unless the applicant 
was prevented from attending the regular examination on account 
of providential hindrances.'] 

4163. Age, qualifications, certificates, grades and pay of; 
SCHOOL month defined. No persou shall be employed as a teacher 
who does not produce a certificate from the county superintend- 
ent or State Superintendent of Public Instruction, dated within 
the time prescribed by law and continuing to the end of the term. 
No certificate to teach shall be issued to any person under eighteen 
years of age. Teachers of second grade shall receive not more 
than twenty-five dollars per month out of the public fund, and 
teachers of the first grade may receive such compensation as shall 
be agreed upon. Teachers of the third grade shall receive not 
more than twenty dollars per mouth, but no third-grade certificate 
shall be renewed and no holder of a third-grade certificate shall 
be employed except as an assistant teacher. No teacher shall re- 
ceive any compensation for a shorter term than one month, unless 
providentially hindered from completing the term. Twenty school 
days of not less than six hours nor more than seven hours each 
day shall be a month. The school term shall be continuous, as 
far as practicable. All laws and clauses of laws granting to or 
conferring upon the graduates or ex-students or students of any 
institution of learning, private or public, within this State or else- 
where, immunity, exemption or freedom from the operation of 
laws of this State requiring persons who desire to teach in free 
public schools of the State to submit to and pass regular examina- 
tions before the county superintendents before being duly qualified 
to serve as such teachers are hereby repealed. The county board 
of education shall fix, within the limits above prescribed, the 
maximum salary to be paid to teachers in each school in the 
county. 

1901, c. 4, ss. 22, 24, 27, 34; 1901, c. 3, s. 2; 1901, c. 535; 1903, 
c. 435, ss. 9, 16. 



70 Sections 41t)4 — 65. 

[Committeemen cannot contract to pay any teacher more than 
the salary fixed for the school by the county ioard.] 

4164. Salary, how paid ; closing schools foe nonattendance 
OF PUPILS. At the eiid of every term of a public school the 
teacher or principal of the school shall exhibit to the school com- 
mittee a statement of the number of pupils, male and female, 
the average dailj^ attendance, the length of term and the time 
taught. If the committee is satisfied that the provisions of this 
chapter have been complied with, they shall give an order on the 
treasurer of the county school fund, payable to such teacher, for 
the full amount due for services rendered ; but monthly, and if 
required by the county superintendent, weekly statements and 
reports shall be made by the teacher to the committee and to the 
county superintendent. Orders on the treasurer shall be valid 
when signed by two members of the committee and countersigned 
by the county superintendent. When a monthly or weekly report 
of any school where the district does not contain over one hun- 
dred and fifty children shows an average daily attendance of less 
than one-fifth of the school census, the committee may, with the 
approval of the county superintendent of schools, order the school 
to be closed, and the money due such school shall remain to 
the credit of that school ; but all funds remaining to the credit 
of such school at the close of the school year, unused because of 
nonattendance, shall be returned to the general fund for reappor- 
tionment, unless such nonattendance shall have been caused by 
providential or other unavoidable causes ; and the county board 
of education, upon the recommendation of the county superin- 
tendent, shall have authority to close any school for either race 
in any township before it shall have continued for the average 
length of school term for the township in case the attendance does 
not justify the continuance of the school, and the money remain- 
ing to the credit of such district thus closed for nonattendance 
shall be returned to the general school fund. 

1901, c. 4, ss. 23, 24; 1903, c. 435, ss. S, 9; 1905, c. 533, s. 4. 
[Monthly reports should be required of every teacher, so that 
this section can be intelliycntly carried out.] 

4165. Keep record ; report to county superintendent, also to 
State Superintendent, when. Every teacher or principal of 
a school to which aid shall be given under this chapter shall 
keep such recoi'ds of the attendance and classification of pupils 
as shall be prescribed by the State Superintendent of Public 
Instruction or the county board of education; and at the end 



Sections 4166 — 67. 71 

of each term, and wheu requested, at other times, every teacher or 
principal shall report to the couutj- superintendent of schools 
in such form and manner and on such blanks as shall be fur- 
nished by the county superintendent of schools or the State Super- 
intendent of Public Instruction. At the end of every term every 
principal or teacher of a public school shall report to the county 
superintendent of schools the length of term of the school, the 
race for which it was taught, the number, the sex and average 
daily attendance of the pupils, and the number of the district in 
which the school is taught, the number of children on census 
blank not attending any school, number of children under seven- 
teen years of age not attending any school, stating some causes 
why they did not attend; how many families having children of 
school age who did not send any of their children to school ; how 
many families did, stating what personal effort has been made to 
get the children to attend school. The county superintendent shall 
not approve the final voucher for the salary of any principal or 
teacher until all reports have been made according to law and 
until the register has been properly filled out and filed with the 
chairman of the school committee or with the county superin- 
tendent of schools. The principal or superintendent of every 
school or institution of learning supported in whole or in part 
by public funds shall report to the State Superintendent at such 
time and in such form as he may direct, and shall also report to 
the county superintendent of the county in which such school or 
institution of learning is situated. 

1901, c. 4, ss. 64, 66 ; 1903. c. 435, s. 21 ; 1903, c. 533, s. 11. 

[The county superintendent should always require all reports 
to be fully and accurately made before he signs the teachers' 
voucher for the last month's salary.] 

4166. To MAINTAIN ORDER AND ENCOURAGE VIRTUE ; TO DISMISS 

IMPROPER PUPILS. It shall be the duty of all teachers of free 
public schools to maintain good order and discipline in their 
respective schools ; to encourage morality, industry and neatness 
in all of their pupils, and to teach thoroughly all branches which 
they are required to teach. Pupils who willfully and persistently 
violate the rules of the school and any of immoral life and 
character shall be dismissed by the teacher. 
1901, c. 4, s. 63. 

4167. Teachers' institutes and schools, how conducted ; 
TEACHERS MUST ATTEND. The couuty board of education of every 
county shall biennially appropriate an amount not less than two 



72 Section 4167. 

hundred dollars nor more than two hundred and fifty dollars out 
of the public school funds of tlae county, the definite amount be- 
tween the minimum and maximum thus fixed to be determined 
by the State Superintendent of Public Instruction, for the purpose 
of conducting biennially a teachers' institute and school for the 
training of the public-school teachers of the county at some con- 
venient and satisfactory place. The biennial county teachers' 
institute and school provided for in this section shall be con- 
ducted by some practical teacher or teachers appointed by the 
State Superintendent of Public Instruction, at such time and place 
as shall be determined by the State Superintendent of Public 
Instruction, after consultation with the county superintendent of 
schools and the county board of education. All public-school 
teachers of any county in which such institute and school is con- 
ducted are hereby required to attend the same continuously dur- 
ing its session, unless providentially hindered, and failure to 
attend the biennial institute and school shall debar any teacher 
so failing to attend continuously from teaching in any of the 
public schools of the State for a period of one year or until such 
teacher shall have attended, according to law, some county in- 
stitute and school, as herein provided for, in some other county. 
The rules and regulations governing all teachers' institutes, the 
course of study to be pursued and the proper credits for attendance 
on the same shall be prescribed by the State Superintendent of 
Public Instruction ; and proper and just provision shall be made 
for the training of the teachers of each race in separate institutes 
and schools : Provided, that counties whose total annual public 
school fund is less than eight thousand dollars may arrange with 
an adjoining county for holding a biennial teachers' institute and 
school, as herein provided for, making such biennial appropria- 
tion and arrangement with an adjoining county as shall be equita- 
ble and satisfactory, which appropriation and arrangement and 
the terms of the same shall first be approved by the State Super- 
intendent of Public Instruction ; and Provided further, that a prop- 
erly signed certificate of continuous attendance at some summer 
school of good standing for a period of not less than three weeks 
may be accepted by the county superintendent of schools as a 
substitute for attendance on the biennial teachers' institute and 
school herein provided for, under such rules and regulations as 
shall be prescribed by the State Superintendent of Public Instruc- 
tion. 

1905, c. 533, s. 5 ; 1903, c. 435, s. 10 ; 1901, c. 4, s. 26. 



Sections 4172 — 73. 73 

XIII. RURAL LIBRARIES. 

Summary: In any school district, incokpobated towns having 

AS MANY AS 1,000 INHABITANTS EXCEPTED, THERE MAY BE ESTAB- 
LISHED A school LIBRARY. THE PATRONS AND FRIENDS OF THE 

school are required to raise by private donations as much as 
$10 and tender it to the county treasurer. thereupon the 
county board of education shall appropriate $10 out of the 
general school fund of the county, and the county superin- 
tendent shall certify the same to the state superintendent. 
The State Superintendent is then required to send $10 from 
THE State appropriation to the treasurer of the county, and 
the $.30 used in the purchase of books selected from a list 
approved by the State Sl^erintendent. The county board is 
required to furnish out of the general school fund a neat 
bookcase, with lock and key. The library thus established 

SHALL BE conducted UNDER RULES AND REGULATIONS PRESCRIBED BY 

THE State Superintendent. Libraries may be enlarged by the 

ADDITION OF $15 WORTH OF BOOKS, $5 OF WHICH MUST BE RAISED BY 
PRIVATE DONATIONS, $5 BE APPROPRIATED OUT OF THE GENERAL COUNTY 
SCHOOL FUND AND $.5 BE GIV^EN OUT OF THE STATE APPROPRIATION ; 
AND THE ADDITIONAL BOOKS MUST BE SELECTED FROM A LIST APPROVED 

BY THE State Superintendent. 

Note. — Sections 416S-4171 relate to Croatan Indians and are 
printed after rural-library sections. 

4172. How ESTABLISHED ; duties of SCHOOL OFFICIALS ; MANAGER 

appointed. Whenever the patrons and friends of any free public 
school in which a library has not already been established by aid 
of the State shall raise by private subscription and tender to the 
treasurer of the county school fund for the establishment of a 
library to be connected with such school the sum of ten dollars, 
the county board of education shall appropriate from the general 
county school fund the sum of ten dollars for this purpose, and 
shall appoint one intelligent person in the school district the man- 
ager of such library. The county board shall also appoint one 
competent person, well versed in books, to select boolis for such 
libraries as may be established under these provisions from lists 
of books approved by the State Superintendent of Public Instruc- 
tion. 

1901, c. 662, s. 6 ; 1903, c. 226, s. 1 ; 1905, c. 381. 

4173. State Board of Education to contribute. As soon as 
such board shall have made an appropriation for a library in the 
manner prescribed, the county superintendent shall inform the 



74 Sections 4174 — 77. 

secretary of the State Board of Education of the fact, whereupon 
the State board shall remit to the treasurer of the county school 
fund the sum of ten dollars additional for the purchase of books. 
1901, c. 662, s. 7 ; 1903, c. 226, s. 2 ; 1905, c. 381, s. 2. 

4174. Booifs AND BOOKCASES, HOW PURCHASED. Withiu thirty 
days after the payment of the money to the treasurer of the 
county school fund, the person appointed to select the books shall 
submit the list of books to be purchased, and prices of same, to 
such treasurer, who shall order the books at once. The treasurer 
shall receive no compensation except his regular commission. The 
county board shall furnish, at the expense of the general county 
school fund, a neat bookcase, with lock and key, to each library, 
upon application of the county superintendent. 

1901, c. 662, s. 8 ; 1903, c. 226, s. 3 ; 1905, c. 381, s. 3. 

4175. Rules to be made by State Superintendent. The local 
manager of every library shall carry out such rules and regula- 
tions for the proper use and preservation of the books as may be 
established by the State Superintendent of Public Instruction, and 
shall, on or before June thirtieth of each year, make to the State 
Superintendent of Public Instruction such reports as he shall re- 
quire. 

1901, c. 662, s. 9 ; 1903, c. 226, s. 4 ; 1905, c. 381, s. 4. 

[TJie State Superintendent will furnish a copy of the rules on 
application.^ 

4176. Exchange of libraries. The local managers of two or 
more libraries may, by agreement, exchange libraries ; but no ex- 
change shall be made oftener than once in six months, and no part 
of the expense of exchanging libraries shall be paid out of the 
public funds. 

1901, c. 662, s. 10; 1903, c. 226, s. 5; 1905, c. 381, s. 5. 

4177. Enlargement of libraries, appropriations for. When- 
ever the patrons and friends of any free public school in which 
a library has been established under the provisions of this sub- 
chapter shall raise by private subscription and tender to the treas- 
urer of the county school fund the sum of five dollars for the en- 
largement of the library, the county board of education shall ap- 
propriate from the general school fund the sum of five dollars and 
the State Board of Education shall remit to the treasurer of the 
county school fund the sum of five dollars. The money thus col- 



Sections 4178 — 79. 75 

lected and appropriated shall be used for the enlargement of libra- 
ries already established under the same rules and restrictions as 
govern the establishment of new libraries. 
1903, c. 226, s. 6 ; 1905, c. 381, s. 6. 

4178. Number of libraries limited ; cities and towns excluded. 
WHEN. Not more than six new libraries, in addition to those 
already established, shall be established biennially in any county 
under the provisions of the preceding sections, and not more than 
six libraries already established in any county shall be entitled 
biennially to the benefits of section six of this act: Provided, that 
after November thirtieth, one thousand nine hundred and six, and 
after November thirtieth of every second j^ear thereafter, if any of 
the aforesaid biennial appropriation for the years ending on such 
date shall still be in the hands of the State Treasurer, any free pub- 
lic school which shall fulfill the conditions set forth in the preced- 
ing sections shall be entitled to receive the benefits of this act, re- 
gardless of the number of libraries already established in the county 
in which said school is located, until the aforesaid balance of each 
biennial appropriation available for the purpose is exhausted. No 
school district in any incorporated town with a population exceed- 
ing one thousand persons shall receive any moneys under the pro- 
visions of this act. 

1901, c. 662, s. 12 ; 1903, c. 226, s. 8 ; 1905, c. 381, ss. 8, 9. 
[After the hiennial period has passed, the libraries not taken 
during that period may be taken by any county desiring them.] 

4179. Additional appropriation of State funds. The sum of 
seven thousand five hundred dollars of the appropriation for the 
public schools of the State is hereby biennially appropriated and 
set apart to be expended by the State Board of Education under 
the provisions of this subchapter : Provided, that of each biennial 
appropriation a sum not exceeding five thousand dollars may be 
expended by the State Board of Education in the establishment 
of new libraries, and a sum not exceeding two thousand five hun- 
dred dollars may be expended by the State Board of Education 
in the enlargement of libraries according to the provisions of sec- 
tion four thousand one hundred and seventy-seven of this sub- 
chapter : Provided fur-ther, that any balance of the biennial ap- 
propriation of tivo thousand five hundred dollars for the enlarge- 
ment of libraries remaining in the hands of the State Treasurer 
at the end of each biennial period shall be used for the establish- 



76 Sections 4168—70. 

ment of new lihraries in accordance with the provisions of section 
four thousand one htmdred and seventy-two of the Revisal of one 
thousand nine hundred and five of North Carolina. 

1901, c. 662, s. 11 ; 1903, c. 226, s. 7 ; 1905, c. 381, s. 7 ; 1909, c. 525. 

XIV. SEPARATE SCHOOLS FOR CROATANS. 

The provisions of tbe school law relating to the Croatan Indians 
of Richmond and Robeson counties are as follows : 

4168. Separate schools for. The persons residing in Robeson 
and Richmond counties, supposed to be descendants of a friendly 
tribe once residing in the eastern portion of this State, liuown as 
the Croatan Indians, and their descendants, shall be known and 
designated as the Croatan Indians, and they and their descend- 
ants shall have separate schools for their children, school commit- 
tees of their own race and color, and shall be allowed to select 
teachers of their own choice, subject to the same rules and regula- 
tions as are applicable to all teachers in the general school law, 
and there shall be excluded from such separate schools for the 
Croatan Indians all children of the negro race to the fourth gen- 
eration. 

1885, c. 51, s. 2 ; 1889, c. 60, s. 1. 

4169. County board to carry provisions into effect. It shall 
be the duty of the county board of education to see that the next 
preceding section is carried into effect, and shall for that purpose 
have the census taken of all the children of such Indians and their 
descendants between the ages of six and twenty-one, and proceed 
to establish such suitable school districts as shall be necessary for 
their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into 
effect ; and where any children, descendants of such Indians, shall 
reside in any district in such counties of Robeson and Richmond 
in which there are no separate schools provided for their race they 
shall have the right to attend any of the public schools in the 
county provided for their race, and their share of the public-school 
fund shall be appropriated to their education upon the certificate 
of the school committee in the district in which they reside stating 
that they are entitled to attend such public schools. 

1885, c. 51, ss. 3, 4. 

4170. Pro rata share of school funds kept separate. The 
treasiu-er of the county school fund and other proper authorities 
whose duties it is to collect, keep and apportion the school fund 



Section 4171. 77 

shall procure from the county board of education the number of 
children in the county between the ages of six and twenty-one, 
belonging to such Indian race, and shall set apart and keep sepa- 
rate their pro rata share of the school funds, which 'shall be paid 
out under the same rules in every respect as are provided in the 
general school law and in the next preceding section. 

1885, c. 51, s. 4. 

4171. General school law applicable to. The general public- 
school law shall be applicable in all respects to such separate 
schools for the Croatan Indians, except where such general law is 
repugnant to these special provisions relating to such schools, and 
these special provisions for separate schools for Croatan Indians 
shall apply only to the counties of Robeson and Richmond. 

1885, c. 51, s. 5. 



APPENDIX. 



LAWS RELATING TO THE TEXT-BOOK COMMISSION. 



The following sections of chapter 89, Revisal of 1905, as amended 
by the Public Laws of 1907, are not properly a part of the public- 
school law, but these sections are reprinted for information: 

TEXT-BOOK COMMISSION. 

4057. Created. The State Board of Education is hereby consti- 
tuted a State Text-book Commission, whose duty it is to select 
and adopt a uniform series or system of text-books for use in the 
public schools in the State of North Carolina, and who shall serve 
without compensation. The Governor shall be ex officio president 
of such commission and the Superintendent of Public Instruction 
its secretary. 

1901, c. 1, ss. 1, 2, 7, 20. 

4058. Powers ; term of contracts made by. The commission 
may from time to time make any necessary regulations, not con- 
trary to the provisions of this chapter, to secure the prompt dis- 
tribution of the boolvS herein provided for, and the prompt and 
faithful performance of all contracts. After the expiration of the 
contracts now in force for furnishing books to the public schools, 
the commission may advertise for new bids, or proposals, as re- 
quired by this chapter, and enter into such other contracts as they 
may deem best for the interest of the patrons of the public schools 
of the State. Any contract entered into or renewed shall be for 
the term of five years. 

4059. Term of office and powers. The commission shall main- 
tain its organization during the five years of the continuance of 
the contract now in force, and after the expiration of the same 
shall advertise for new bids, or proposals, as required by this chap- 
ter in the first instance, and enter into such other contracts as it 
may deem best for the interest of the pati'ons of the public schools 
of the State ; and the commission may from time to time make 
any necessary regulations not contrary to the provisions of this 
chapter to secure the prompt distribution of books herein jjfovided 
for, and the prompt and faithful performance of all contracts. 

1901, c. 1, s. 14. 



Sections 4060—62. 79 

4060. Character and requisites of books to be adopted. The 
uniform series of text-boolcs to be selected by the commission shall 
include the following branches, to-wit: Orthography, defining, 
reading, writing, drawing, arithmetic, geography, grammar, lan- 
guage lessons, history of North Carolina containing the Constitution 
of the State, history of the United States containing the Constitu- 
tion of the United States, physiology, hygiene, nature and effect of 
alcoholic drinks and narcotics, elements of civil government, ele- 
ments of agriculture, theory and practice of teaching. None of 
such text-books shall contain anything of a partisan or sectarian 
character, and all shall be written or printed in English. 

1901. c. 1, ss. 2, 8. 

4061. Exclusive use of books adopted by. The books adopted 
by the commission as a uniform system of text-books shall be in- 
troduced and used as text-books, to the exclusion of all others, 
in all the public free schools in the State for a period of five years 
from the date of adoption ; and it shall not be lawful for any 
school oflicer, director or teacher to use any books upon the same 
branches other than those adopted by the commission. Nothing 
herein shall prevent the use of supplementary books, but such sup- 
plementary books shall not be used to the exclusion of the books 
prescribed or adopted under the provisions of this chapter ; nor 
shall anything herein prevent the teaching in any school any 
branch higher or one more advanced than is embraced in the next 
preceding section, nor the use of any book upon such higher branch 
of study, but such higher branch shall not be taught to the exclu- 
sion of the branches mentioned and set out in the next preceding 
section. 

4062. Can purchase elsewhere when contractor fails to sup- 
ply ; teacher allowing other books dismissed. Nothing herein 
shall prevent or prohibit the patrons of the public schools through- 
out the State from procuring books in the usual way, in case no 
contract shall be made or the contractor fails or refuses to furnish 
the books provided for in this chapter at the time required for 
their use in the respective schools. If any teacher shall willfully 
use or permit to be used in his school any text-book upon the 
branches embraced in this chapter, where the commission has 
adopted a book upon that branch, other than the one so adopted, 
the county board of education shall discharge and cancel the cer- 
tificate .of such teacher or school superintendent ; but they may use 
or permit to be used such book or books as may be owned by the 
pupils of the school at the time of the adoption until such books 
are worn out, not exceeding one year from the date of adoption. 

1901. c. 1. ss. 2. 16, 17, 18. 



80 Sections 4063—65. 

4063. SuBCOMMissioN TO BE APPOINTED. It Shall be the duty of 
the Governor to appoint a subeommission of not less than five nor 
more than ten, to be selected from among the teachers or city or 
county superintendents actually engaged in the school business in 
this State, not more than two of whom shall be taken from the 
same congressional district, and members of the subeommission 
actually serving shall be paid a per diem of four dollars per day 
during the time that they are actually engaged, not to exceed 
thirty days, and in addition shall be repaid all money actually ex- 
pended by them in payment of necessary expenses, to be paid out 
of the public fund, and they shall make out and swear to an item- 
ized statement of such expenses. 

1901, e. 1, s. 3. 

4064. Oath of subcommissioners. Each member of the subeom- 
mission, before entering upon the discharge of his duties, shall 
take and subscribe an oath to act honestly, conscientiously and 
faithfully, and that he is not now, has not within two years prior 
to his appointment been agent or attorney for or in the employ- 
ment of or interested in any book or publishing house, concern or 
corporation making or proposing to make bids for the sale of 
books, pursuant to the provisions of this chapter, and that he will 
carefully and faithfully examine all books submitted, and make 
true report thereon, as herein directed and prescribed. Such oath 
shall be filed in the office of the Seci'etary of State. 

1901, c. 1, s. 5. 

4065. Examination of books by subcom mission, and report 
thereon. To the subeommission shall be referred all books sent 
to the State Text-book Commission as specimen copies or samples 
upon which bids are to be based ; and it shall be the duty of the 
subeommission, in executive session, to examine and report upon 
the merits of the books, irrespective of the price, taking into con- 
sideration the subject-matter of the books, their printing, their 
material and their mechanical qualities and their general suita- 
bility and desirability for the purposes for which they are desired 
and intended. The subeommission shall report to the commission 
at such time as the commission shall direct, arranging each book 
in its class or division and reporting books in the order of their 
merit, pointing out the merits and demerits of each, and indicating 
what book it recommends for adoption first, what book is 'its sec- 



Sections 4066 — 67. 81 

ond choice, and its tliird choice, and so on, pursuing this plan with 
the booliS submitted upon each branch of study ; and if the sub- 
commission shall consider different books upon the same subject 
or of the same class or division of approximately even merit, all 
things being considered, it shall so report, and, if it considers that 
any book offered is of such a class as to make it inferior and not 
worthy of adoption, shall in its report so designate such book. In 
its report it shall make such recommendations and suggestions to 
the commission as it shall deem advisable and proper to make. 
1901, c. 1, ss. 3, 4. 

4066. Report, when opened and where filed. The report" of the 
subcommission shall be kept secret and sealed up and delivered 
to the secretary of the commission, and shall not be opened by any 
member of the commission until the commission shall meet in 
executive session to open and consider the bids or proposals of 
publishers or others desiring to have books adopted by the com- 
mission; and when such commission shall have finished with such 
report it shall be filed and preserved in the office of the Superin- 
tendent of Public Instruction and shall be open at all times for 
public inspection. 

1901, c. 1, ss. 4, 6. 

4067. Selection and adoption of books by the commission. 
The commission, in its selection and adoption of a uniform series 
of text-books, shall consider the merits of the books, taking into 
consideration their subject-matter, the printing, binding, material 
and mechanical quality, their general suitability and desirability 
for the purposes intended, and the price, and shall give due con- 
sideration to the report and recommendations of the subcommis- 
sion. The commission shall select and adopt such books as will 
in its judgment accomplish the ends desired, and is hereby authoi'- 
ized and directed, in case any books are deemed by it suitable for 
adoption, and more desirable than other books of the same class 
or division submitted, and it further considers the price at which 
such books are offered to be unreasonably high and that they 
should be offered at a smaller price, to immediately notify the 
publisher of such books of its decision and request such reduction 
in price as it deems reasonable or just, and if it and such pub- 
lishers shall agree on a price it may adopt such books, but if not 
it shall use its sound judgment and discretion whether to adopt 
those or the books deemed by it to be the next best in the list 
submitted. 

1901, c. 1, s. 6. 



82 Sections 4068—69. 

4068. Advertisement fob bids. As soon as practicable after the 
expiration of the now existing contracts, and not later than thirty 
days thereafter, the commission shall advertise, in such manner 
and for such a length of time and at such places as may be deemed 
advisable, that at a time and place fixed definitely in the adver- 
tisement sealed bids or proposals vpill be received from the pub- 
lishers of school text-books for furnishing books to the public 
schools in the State of North Carolina, through agencies estab- 
lished by the publishers in the several counties, and in the several 
places in the counties of the State as may be provided for in such 
regulations as the commission may adopt and prescribe. The ad- 
vertisement shall also state in substance the requirements of the 
next succeeding section and shall reserve the right to the commis- 
sion to reject all bids. 

1901, c. 1, ss. 1, 7, 11, 14. 

4069. Bids, how made; contents of. The bids or proposals shall 
be for furnishing books for a period of five j'ears, and no longer, 
and no bid for a longer period shall be considered. The bids shall 
state specifically and definitely the price at which books are to be 
furnished, and shall be accompanied by ten or more specimen 
copies of each and every book proposed to be furnished ; and it 
shall be required of each bidder- to deposit with the Treasurer of 
the State a sum of money, such as the commission may require, 
not less than five hundred nor more than twenty-five hundred dol- 
lars, according to the number of books each bidder may propose 
to supply, and such deposits shall be forfeited absolutely to the 
State if the bidder making the deposit of any sum shall fail or 
refuse to make and execute such contract and bond, as is herein- 
after required, within such time as the commission shall require. 
All bids shall be sealed and deposited with the Secretary of State, 
to be by him delivered to the commission when in executive ses- 
sion, for the purpose of considering the same, when they shall be 
opened in the presence of the commission ; and each person or 
publisher making a bid for the supplying of any books shall state 
in such bid or proposal the exchange price at which such books 
shall be furnished. It shall be the duty of the Secretary of State 
to carefully preserve in his office, as the standard of quality and 
excellence to be maintained in such book during the continuance 
of the contracts for furnishing the same, the specimen or sample 
copies of all books which have been the basis of any contract, 
together with the original bid or proposal. 

1901, c. 1, ss. 7, 9, 10. 



Sections 4070—71. 83 

4070. Bids and proposals may be rejected. The commission 
shall have and reserve the right to reject any and all bids or 
proposals if of the opinion that any or all should for any reason 
be rejected ; and, in case it fail from among the bids or proposals 
submitted to select or adopt any books upon any of the branches 
prescribed by this chapter, may readvertise for sealed bids or 
proposals, under the same terms and conditions as before, and pro- 
ceed with its investigations in all respects as in the first instance 
and as required by the terms and provisions of this chapter ; and 
the commission shall have and reserve the same rights in cases 
of advertisement for and presentation of bids and proposals for 
manuscripts and unpublished books hereinafter provided for in 
this chapter. 

1901, c. 1, s. 11. 

4071. Manuscripts and unpbinted books may be adopted. In 
the event that the commission rejects the bid for furnishing any 
book, or in case it fail to adopt any book of the classes required, 
it may advertise for sealed bids or proposals from authors or 
publishers of text-books who have manuscripts or books not yet 
published, for prices at which they will publish and furnish in 
book form such manuscripts for use in the public schools of North 
Carolina, proceeding in like manner as in bids for fui'nishing 
books ; but the State itself shall not under any circumstances 
enter into any contract binding it to pay for the publication of any 
book, but in the contract with the owner of the manuscript it shall 
be provided that he shall pay the compensation to the publisher 
for the publication and putting in book form the manuscript, to- 
gether with the cost and expense of copyrighting the same. All 
such bids or proposals shall be accompanied with a cash deposit 
of from five hundred to twenty-five hundred dollars, as the com- 
mission may direct and as heretofore provided in this chapter ; and 
it is expressly provided that any person now doing business or 
proposing to do business in this State shall have the right to bid 
for the contract to be awarded hereunder in manner as follows : 
In response to the advertisement such person may submit his 
written bid to edit or have edited, published and supplied for 
use in the public schools in this State any book provided for 
hereunder. Instead of filing with the bid or proposal a sample 
or specimen or copy of each book proposed to be furnished, he 
may exhibit to the commission, in manuscript or printed form, 
the matter proposed to be incorporated in any book, together 
with such a description and illustration of the form and style 



84 Sections 4072—74. 

thereof as will be fully intelligible and satisfactory to the com- 
mission, or he may submit a book the equal of which in every 
way he proposes to furnish, and he shall accompany his bid or 
proposal with the cash deposit hereinbefore required. All such 
books and manuscripts shall be examined and reported upon by the 
subcommission before being adopted. 
1901, c. 1, s. 11. 

4072. Commission to deliver sample books to subcommission. 
It shall be the duty of the commission to meet at the time and 
place designated in the advertisement and take out the sample 
or specimen copies submitted, upon which the bids are based, and 
refer and submit them to the subcommission, as provided for and 
directed in this chapter, with instructions to the subcommission 
to report at a time specified, with the classification and recom- 
mendation, as provided in this chapter. 

1901, c. 1, s. S. 

4073. Adoption of books. When the report of the subcommis- 
sion is submitted it shall be the duty of the commission to meet 
in executive session to open and examine all sealed proposals sub- 
mitted and received in pursuance of the notice or advertisement 
provided for in this chapter. It shall be the duty of the commis- 
sion to examine and consider all such bids or proposals, together 
with the report and recommendation of the subcommission, and 
determine, in the manner provided in this chapter, what books, 
upon the branches hereinabove mentioned, shall be selected for 
adoption, taking into consideration the size, quality as to the sub- 
ject-matter, material, printing, binding and the mechanical execu- 
tion, and price, and the general suitability for the purpose desired 
and intended. After the selection or adoption shall have been 
made, tlie commission shall award the contracts, and shall by 
registered letter notify the publishers or proposers to whom the 
contracts have been awarded. But the commission shall not in 
any case contract with any person for the use of any book which 
shall be sold to patrons for use in any public school in the State 
in excess of the price at which such book is to be furnished by such 
person, under contract, to any State, county or school district in 
the United States, under like c6nditions as those prevailing in 
this State and under this chapter. 

1901, c. 1, ss. 8, 9. 

4074. Contract, how executed. Upon the awarding of the con- 
tracts it shall be the duty of the Attorney-General to prepare 
the same in accordance with the terms and provisions of this 



Sections 4075 — 77. 85 

chapter. Ou behalf of the State the contracts shall be executed 
by the Governor and Secretary of State, and the seal of the State 
shall be set thereto. All such contracts shall be executed in tripli- 
cate, of which one shall be kept by the secretary of the commission, 
one shall be filed in the otfice of the Secretary of State and one 
shall be retained by the contracting party. All contracts entered 
into or renewed under the provisions of this chapter shall be for 
the term of five years. 
1901, c. 1, ss. 8, 14. 

4075. CoNTBACT ; stipulations as to prices and exchange of 
BOOKS. It shall be stipulated in each contract that the contractor 
has never furnished and is not now furnishing under contract 
any State, county or school district in the United States, where 
like conditions prevail as are then prevailing in this State and 
under this chapter, the same books as are embraced in the con- 
tract at a price below that stipulated in the contract ; and the 
commission is hereby authorized and directed, at any time that 
it may find that any books have been sold at a lower price under 
contract to any State, county or school district, to sue upon the 
bond of the contractor and recover the difference between the 
contract and the lower price for which books have been sold ; and 
it shall also be stipulated in the contract that the contractor shall 
take up school books in use in this State at the date of such con- 
tract, and receive the same in exchange for new books, allowing a 
price for such old books not less than fifty per cent of the contract 
price of the new books. 

1901, c. 1, ss. 9, 10. 

4076. Contract, as to liability of State. It shall always be a 
part of the terms and conditions of every contract made in pur- 
suance of this chapter that the State of North Carolina shall not 
be liable to any contractor in any manner for any sum whatever, 
but all such contractors shall receive their pay and compensation 
solely and exclusively from the proceeds of the sale of books, as 
provided for in this chapter. 

1901, c. 1, s. 10. 

4077. Contracts may be changed or altered. Nothing in this 
chapter shall prevent the commission and any contractor agree- 
ing thereto from in any manner changing or altering any con- 
tract, if four members of the commission shall agree to the 
change and think it advisable and for the best interest of the 
public schools of the State. 

1901, c. 1, s. 9. 



86 Sections 4078—80. 

4078. Books must come up to sample. The books furnished 
under any contract shall at all times during the existence of the 
contract in all respects be equal to the specimen or sample copies 
furnished with the bid. 

1901, c. 1, s. 9. 

4079. Bond of contractor. At the time of the execution of the 
contract the contractor shall enter into a bond in the sum of not 
less than ten thousand dollars, payable to the State of North 
Carolina, the amount of the bond within such limits to be fixed 
by the commission, conditioned for the faithful, honest and exact 
performance of his contract, and shall further provide for the 
payment of reasonable attorneys' fees in case of recovery in 
any suit upon the same, with three or more good and solvent 
sureties, actual citizens and residents of this State, or any 
guaranty company authoi'ized to do business in this State may 
become the sux'ety on such bond ; and it ghall be the duty of the 
Attorney-General to prepare and approve such bonds. The com- 
mission may at any time, by giving thirty days' notice, require 
additional security or additional bond. 

1901, c. 1, ss. 8, 9. 

4080. Actions on the bond. In case any contractor shall fail 
to execute specifically the terms and provisions of his contract, 
the commission is hereby empowered and directed to bring an 
action upon the bond of such contractor for the recovery of any 
and all damages. Such action shall be in the name of the State 
of North Carolina, and the recovery shall be for the benefit of the 
public-school fund of the State and counties, and when collected 
shall be placed in the treasury of the school fund. The bond 
shall not be exhausted by a single recovery, but may be sued on 
from time to time until the full amount thereof shall be recovered. 
And it is expressly provided that should any party contracting 
to furnish books, as provided for in this chapter, fail to furnish 
them or otherwise break his contract, in addition to the right 
of the State to sue on the bond hereinabove required, the chair- 
man of the county board of education or any member thereof 
may sue in the name of the State in the courts of the State having 
jurisdiction, and recover on such bond the full value of the books 
so failed to be furnished, for the use and benefit of the school 
fund of the county. In all such cases service of process may be 
made on any agent of the contractor in the county, or if no agent 



Sections 4081—83. 87 

is iu the couuty, theu service may be made on any agent in charge 
of any depository, and such service shall be and stand in the place 
of service on the defendant contractor. 
1901, c. 1, ss. 8, 9, 13. 

4081. Deposits by bidders, when returned and when forfeited. 
When any person shall have been awarded a contract and shall 
have given the bond required, the commission, through its secre- 
tary, shall so inform the Treasurer of the State, and it shall 
then be the duty of the treasurer to return to such contractor the 
cash deposit made by him ; and the commission, through its 
secretary, shall inform the treasurer of the names of the unsuc- 
cessful bidders or proposers, and the treasurer shall, upon the 
receipt of this notice, return to them the amounts deposited by 
them in cash at the time of the submission of their bids. But 
should any person fail or refuse to execute a contract and give 
the bond, as required by this chapter, within thirty days after 
the awarding of the contract to him and the mailing of the 
registered letter containing notice thereof, which shall be suffi- 
cient evidence that the notice was given and received, the cash 
deposit shall be deemed and is hereby declared forfeited to the 
State of North Carolina, and it shall be the duty of the treasurer 
to place such cash deposit in the treasury of the State, to the 
credit of the school fund. 

1901, c. 1, s. 8. 

4082. Prices to be printed on books. It shall be the duty of all 
contractors to print plainly on the back of each book the contract 
price, as well as the exchange price at which it is agreed to be 
fmmished, but the books submitted as sample or specimen copies 
with the oi-iginal bid shall not have the price printed on them 
before they are submitted to the subcommission ; and all books 
shall be sold to the consumer at the retail contract price, and on 
each book shall be printed the following : "The price fixed hereon 
is fixed by State contract, and any deviation therefrom should 
be reported to your county superintendent of public instruction 
or to the State Superintendent at Raleigh." 

1901, c. 1, ss. 9, 13, 19. 

4083. Agencies fob the distribution of books to patrons of 
public schools ; penalty. There shall be maintained in each 
county in the State not less than one and as many more agencies 
as the commission, upon recommendation of the county board of 
education, shall order, to be located at such points as the county 
board may recommend, for the distribution of books to the patrons, 



88 Section 4084. 

or the contractor shall be permitted to make arrangements with 
merchants or others for the handling and distribution of the books ; 
and parties living in the county where no agency has been estab- 
lished or no arrangement made for distribution may order the 
same from one of the contractors, and it shall be the duty of 
the contractor or contractors to deliver any book so ordered to 
the person ordering, to his post-office address, freight, express, 
postage or other charges prepaid, at the retail contract price, 
if the price of the books so ordered shall be paid in advance. 
And every contractor shall be required to keep on hand at all 
times at every established agency in every county an ample sup- 
ply of books to meet all demands of patrons and purchasers, and 
upon failure to do so, or upon failure to establish agencies when 
ordered to do so by the commission, as directed herein, the con- 
tractor shall be liable to a penalty of five hundred dollars for 
each and every failure to comply with the provisions of this 
section, to be sued for by the Attorney-General in the name of 
the State in the Superior Court of the county of Wake, for the 
benefit of the school fund of the county injured by such failure; 
and if any contractor against whom judgment shall be obtained 
for such penalty shall fail to pay the same within thirty days 
after the docketing thereof, he shall forfeit his contract, and the 
commission shall so declare, and shall thereupon proceed to make 
a new contract for books with some other contractor. The county 
superintendent shall notify the contractors annually of the date 
of opening the public schools, at least thirty days before they 
open. 

1901, c. 1, s. 13 ; 1903, c. 691, ss. 1, 2. 

4084. Contract proclaimed by Governor ; notices issued by 
State Superintendent. As soon as the commission shall have 
entered into a contract for the furnishing or supplying of books 
for use in public schools it shall be the duty of the Governor 
to issue his proclamation announcing such fact to the people of 
the State; and as soon thereafter as practicable the State Super- 
intendent shall issue a circular letter to each county superin- 
tendent In the State and to such others as he may desire, which 
letter shall contain the list of books adopted, the prices, loca- 
tion of agencies and method of distribution, and such other in- 
formation as he may deem necessary. 

1901, c. 1. ss. 12, 15. 



INDEX TO PUBLIC SCHOOL LAW. 



A 

Section 

Abstract tax lists to be furnished county board 4110 

Accounts of State board 4034 

Action on bond county treasurer 4153 

Additional powers of county board 4125 

Age for free tuition 4085 

Agriculture, elements of, to be taught 4087 

Alcoholic drinks, effects of 4087 

Annual appropriation $125,000, per capita 4097-98 

Annual appropriation $100,000 to equalize schools 4099-4106 

Annual reports State Superintendent to include operations of loan 

fund 4092 

Application of chapter 89 4029 

Apportionment, basis of 4117 

Apportionment county school fund 4116 

Apportionm^t income permanent fund 4094-95 

Apportionment special-tax funds 4113-15 

Apportionment unused funds 4116 

Appropriation for libraries 4179 

Arithmetic to be taught 4087 

Attendance, compulsory 4085 

Attendance on institutes 4167 

Attorney-General member of State board 4030 

Auctioneers' license taxes 4107 

Auditor member State board 4030 

B 

Basis of apportionment school fund 4117 

Biennial report State Superintendent 4089 

Bond of treasurer of school fund 4152 

Bookcases for libraries 4174 

Branches to be taught in public schools 4087 

Building fund provided for 4116 

Building fund can bear only half cost of new house 4124 

C 

Canvass of vote in special-tax elections 4115 

Census taken by committee 4148 

Cities and towns may levy special tax 4114 

Civil government to be taught 4087 

Civil liability of sheriff for failure to settle school taxes 4111 

Closing school, nonattendance 4164 

Closing school, time of, fixed 4123 

Collection of school taxes 4111 

Collection of special taxes 4113-15 

Comrpittee, apportionment special-tax funds 4113-15 

care of property 4147 

census deaf and dumb and blind children 4148 

chairman of 4146 

compensation of 4145 

contract with private school 4151 

dismissal of teacher 4161 

district or township 4145 

election of 4145 

employment of teachers 4161 

expenditures by 4149 

illiterates reported by 4148 

notification of apportionment 4116 

oath of 4088 



90 Index. 



Section 

Committee not to overdraw account 4150 

records 4149 

removal 4126 

report value of school property 4148 

secretary of 4146 

sign order for salary of teacher 4164 

special-tax districts 4115 

term of office 4145 

township high school 4113 

Composition to be taught 40S7 

Compulsory attendance 4085 

Condemnation of school site 4131 

Constitution North Carolina and United States to be taught.... 4087 

Construction of school law 4090 

Contingent expenses State board 4031 

Contingent fund 4116 

Contract for schoolhouses in writing 4124 

Cost of building, one-half from building fund 4124 

Criminal liability of sheriff for failure to settle taxes 4111 

Croatans have separate schools 4085 

Croatan Indians 4168-71 

Corporate powers .' ^. . .» . . . 4030 

County board, additional powers of '. 4125 

apportionment of county fund 4116 

compensation of 4134 

contracts for schoolhouses 4124 

dismissal of teacher 4127 

districts, special-tax, formed 4115 

donations to 4130 

duties of 4121 

election of 4119 

election county superintendent 4135 

equalize school term 4116 

estimate for four-months term 4112 

examination reports of superintendent and treasurer 4134 

fix time opening schools 4123 

grade schools 4116 

investigations 4127 

list fines reported to 4108 

loans to districts 4055 

may close school, nonattendance 4164 

may punish for contempt 4128 

may require reports of treasurer 4160 

members may be removed 4126 

members take oath of office, when 4120 

meetings, number of 4133 

must use approved plans of houses 4124 

notification to committeemen of apportionment 4116 

oath of 4088 

obey instructions State Superintendent 4090 

power to create and abolish districts 4129 

qualifications for membership 4119 

race discrimination prohibited 4116 

removal county superintendent 4126 

secretary of 4139 

sale of school property 4130 

shall fix salary of all teachers 4116 

site for school may be condemned 4131 

term of office 4119 

unused funds 4116 

vacancy 4119-20 

County commissioners appoint special-tax election officers 4115 

County commissioners must levy tax for four-months school 4112 

County commissioners order special-tax district elections 4115 

County officers to file list of fines, etc 4108 

County school fund, what 4107 

Course of study 4087, 4113 



Index. 91 



Section 

County superintendent, advises committeemen 4142 

attendance on State association 4141 

conducts examinations 4162 

distributes blanlt forms 4142 

election of 4135 

examinations, private 4162 

fee for private examination 4162 

iiolds teacliers' meetings 4140 

inspection new houses 4124 

keeps an index of deeds 4132 

must not teach school 4138 

must reside in county 4138 

must visit schools 4141 

office at county seat 4139 

qualifications of 4135 

removal from office 4126 

report deaf and dumb and blind children .' 4144 

report to State Superintendent 4143 

salary of 4144 

secretary county board 4139 

signs all orders on treasurer 4154 

term of office 4135 

County treasurer made treasurer of school fund 4152 

conipensation 4152 

D 

Date for repayment of loans 4054 

Day, what constitutes 4163 

Deaf and dumb and blind children reported 4144 

Deeds to school property filed with clerk of court 4132 

Discrimination against any race forbidden 4085 

Dismissal of teachers 4161 

Distribution $125,000, per capita 4097-98 

Distribution blank forms by county superintendent 4142 

Districts, account kept by treasurer 4157 

bear one-half cost of building 4124 

created or abolished by county board 4129 

equal term in township 4116 

how formed 4129 

loans to 4055 

may jointly employ superintendent 4137 

may vote special tax 4115 

must have 65 census 4129 

Donations may be accepted by county board 4130 

Drawing must be taught 4087 

Duties and powers of county board 4121 

Duties State Superintendent 4089-92 

E 

Effects of narcotics taught 4087 

Election, county board 4119 

county superintendent 4135-36 

special-district tax 4115 

special tax in cities and towns 4114 

township high -school tax 4113 

Employment of teacliers, method 4161 

Enforcement of school law by State Superintendent 4090 

English grammar to be taught 4087 

Enlargement libraries 4177 

Enlargement special-tax districts 4115 

Equal school term for all schools of township 4110 

Estimate for four-months term 4112 

Estrays, proceeds of sale of 4107 

Examinations, private 4162 

Examinations, time of 4162 

Examinations, teachers 4162 

Examiners, State Board of 4162 



92 ' Index. 



Section 

Exchange, libraries 4176 

Execution school law 4125 

Exemption certain schools from chapter 89 4029 

Expenditures by committee 4149 

F 

Failure county treasurer to make report misdemeanor 4160 

Failure member of county board to qualify creates vacancy 4120 

Fee for private examination 4162 

Fines belong- to school fund 4107 

Fines, list of, reported to county board 4108 

First $125,000 4097-98 

Fiscal year 4118 

It'orfeitures belong to school fund 4107 

Formation special-tax districts 4115 

Forms to be printed by State Superintendent 4089 

Four-months school required 4112 

Freeholders, petition for local tax 4113-15 

Funds, apportionment special tax 4113-15 

repayment of loans 4055 

reserve to secure fovir-months school 4116 

G 

General power county board to execute school law 4125 

Geography to be taught 4087 

Government, elements of civil, taught 4087 

Governor member State Board 4030 

Grade of school considered in fixing salary of teacher 4116 

H 

High-school certificate 4162 

High schools for townships 4113 

High-school subjects taught in what schools 4113 

History to be taught 4087 

Houses must be built according to approved plans 4124 

How township high-school tax may be voted 4113 

Hygiene to be taught 4087 

I 

Illiterates reported by committee 4148 

Income permanent fund, how apportioned 4094 

Index deeds to school property 4132 

Indians, Croatan 4168-71 

Inspection new schoolhouses 4124 

Installment on loans 4054 

Institutes 4167 

Investigations, county board 4127 

Investment fund. State board 4035 

L 

Language lessons taught 4087 

Liability sheriff for school taxes 4111 

Libraries, appropriation for 4179 

bookcases for 4174 

cities and towns excluded 4178 

enlargement of 4177 

exchange oi 4176 

how established 4172 

managers of 4172 

number established limited 4178 

rules for 4175 

State contribution 4173 

License, proceeds auctioneers' 4107 



Index. 93 



Section 

Lieutenant Governor member of State board 4030 

Limitation on building fund 4116 

Liquor license tax, proceeds of 4107 

List fines, penalties, etc., to be furnished 4108 

List taxes, separate columns for school taxes 4109 

Literary fund, property of 4033 

Loans, building- schoolhouses 4053-5(5 

how repaid 4054 

how secured 4055 

school districts 4056 

M 

Maximum salary teacher fixed by county board 4116 

Meetings county board, number of 4133 

Meetings teachers 4140 

Members county board, oath of 4088 

Members State board, who 4030 

Minimum salary to holder State certificate 4162 

Minimum salary to holder high-school certificate 4162 

Month, what constitutes 4163 

N 

Negroes may not attend white schools 4085 

Nonattendance, closing school for 4164 

No race discrimination 4185, 4116 

Notes for school loans deposited with State Treasurer 4054 

O 

Oath of office school oflJicers 4088 

Office days county treasurer 4156 

Officers school system to obey Instructions 4090 

Officers school system to obey instructions State Superintendent, 4090 

Officers State board 4031 

Office State Superintendent must be at capital 4089 

Opening of schools, time fixed 4123 

P 

Payment apportionment from permanent fund 4095 

Paym ent schoolhouse loans 4054 

Penalties, list of, to be filed with county board 4108 

Penalties, proceeds, belong to school fund 4107 

Per capita apportionment to township 4116 

Permanent school fund, what 4093 

Petition for local-tax election 4113-15 

Physiology taught 4087 

Place of meeting State board 4031 

Plans used for building schoolhouses 4124 

Poll holders for special-tax election 4115 

Powers and duties county board 4121 

Power of county board to punish for contempt 4128 

Powers of State board 4033 

President of State board 4031 

Private school, contract with 4151 

Private examinations 4162 

Proceedings State board must he kept 4032 

Property of literary fund 4033 

Public-school law to be printed 40S9 

Public-school studies 4087, 4113 

Public-school system unifoi ..i 4085 

Pupils may be dismissed 4166 

Pupils, rules for attendance 4122 



94 Index. 



Section 

Qualifications membership county board 4119 

Qualifications office county superintendent 4135 

Qualifications teacher considered in fixing- salary 4116 

Quorum State board 4031 

R 

Races must have equal school term 4116 

Races, separate schools for 4085 

Rate special tax 4113-15 

Reading to be taught 4087 

Recommendations State Superintendent 4089 

Register of deeds to furnish abstract of tax lists 4110 

Registrar for special-tax elections 4113-15 

Registration for special-tax elections 4113-15 

Removal school officers 4126 

Repayment loans 4054 

Report county superintendent to State Superintendent 4143 

Reports county treasurer and superintendent examined 4134 

Report State Superintendent to Governor 4089 

Report, teacher's monthly 4164 

Reserve fund to secure four-months school 4116 

Rules, apportionment $100,000 to equalize schools 4099-4106 

Rules, establishment tovi^nship high schools 4113 

Rules, libraries 4175 

Rules and regulations, school attendance 4122 

Rural libraries 4172-79 

S 

Salary county superintendent 4144 

Salary teacher fixed by county board 4116 

Salary teacher, paid, how 4164 

School age 4085 

School committee, election of 4145 

committee, oath of 4088 

committee, township high school 4113 

day, length of 4163 

district must have 65 census 4129 

districts, how formed 4129 

fund, apportionment 4116 

fund, permanent 4093 

house loans 4053 

houses, building of 4124 

law to be published 4089 

month, length of 4163 

officers to obey instructions 4090 

property, charge of committee 4147 

property may be sold 4130 

separate for each race 4085 

sites, how acquired 4131 

taxes in separate column 4109 

School term must be four months 4112 

term equal in townships 4116 

term, races equal 4116 

township high 4113 

year 4118 

Schools exempt from provisions chapter 89 4029 

Second $100,000 4099-4106 

Secretary county board 4139 

Secretary State board 4031 

Secretary of State member State board 4030 

Security for loans 4055 

Separate schools for races 4085 

Sheriff's liability for school taxes 4111 

Special permanent school fund 4093 



Index. 95 



Section 

Special tax, apportionment 4113-15 

districts 4115 

four-months school 4112 

towns and cities 4114 

township high school 4113 

Spelling- taught 40S7 

State appropriation for schools 4097-4106 

State Association County Superintendents 4141 

State board 4030-35 

corporate powers 4030 

examiners 4162 

makes schoolhouse loans 4053-56 

proceedings kept 4032 

powers of 4033 

quorum 4031 

State certificate 4162 

State Superintendent 4089-92 

biennial report 4089 

enforcement school law by 4090 

member State board 4030 

office at capital 4089 

print school law 4089 

recommendations 4089 

report to include loan-fund operations 4092 

State Superintendent secretary State board 4031 

Studies required 4087, 4113 

Supplementai'y libraries 4177 

T 

Tax lists, abstracts furnished county board 4110 

separate columns for school taxes 4109 

Tax, special, for schools 4112-15 

Teacher, age of 4163 

assistant only, with third-grade certificate 4163 

certificate, kinds 4162 

character may be investigated 4127 

dismissed by committee, how 4161 

dismissed by county board, how 4127 

employed, how 4161 

examination 4162 

high -school certificate 4162 

institute attended by 4167 

keep register 4165 

may dismiss pupils 4166 

meetings 4140 

monthly report 4164 

must not be member county board 4119 

no exemption from examination 4163 

qualifications considered in fixing salary 4116 

record census in school register 4148 

report to county superintendent 4165 

rules and regulations for 4122 

salary, how paid 4164 

salary for holder of second-grade certificate 4163 

salary, maximum, fixed by county board 4116 

State certificate 4162 

suspended, how 4141 

Term, committeeman 4145 

continuous 4163 

county board 4119 

county superintendent 4135 

each race equal 4116 

equal in each township 4116 

four months in each district 4112 

Text-book Commission 4057-84 

Time opening and closing schools 4123 

Township, apportionment to 4116 

Township high-school committee 4113 



i] 



96 Index. 



Section 

Treasurer, all orders must be signed by county superintendent, 4155 

bond 4152 

county treasurer made treasurer school fund 4152 

district account kept 4157 

duties on expiration of term 4159 

exhibit books to county board 4160 

failure to report 4160 

general account 4154 

literary fund 4034 

ofRce days 4156 

report examined 4134 

report to State Superintendent 4158 

State board 4031 

State board to render account 4034 

U 

Uniform system public schools 4085 

Unused funds reapportioned 4116 

V 

Vacancy county board, how filled 4119 

Vacancy office superintendent, how filled 4135 

Visiting schools required 4141 

W ^ 

Warrants for loans issued by Auditor 4053 

Weak districts aided by county funds 4116 

Writing to be taught 4087 

Y 

Tear, school year, what 4118 



